Florida Statutes
Fla. Stat. § 322.03 (2025)
Drivers must be licensed; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
322.03 Drivers must be licensed; penalties.—
(1)(a) 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 a valid driver license issued under this chapter.
(b) A person who violates paragraph (a) commits:
1. Upon a first conviction, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. Upon a second conviction, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
3. Upon a third or subsequent conviction, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the court must order the person to serve a minimum mandatory period of 10 days in jail.
The penalties provided in this paragraph do not apply to violations of s. 316.212.
(2)(a) A person who drives a commercial motor vehicle may not receive a driver license unless and until he or she surrenders to the department all driver licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver license. Any such person who fails to surrender such licenses commits a noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) All surrendered licenses may be returned by the department to the issuing jurisdiction, together with information that the licensee is now licensed in a new jurisdiction, or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid driver license at any time.
(3) Prior to issuing a driver license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.
(4)(a) The department may not issue a commercial driver license to any person who is not a resident of this state.
(b) A resident of this state who is required by the laws of this state to possess a commercial driver license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person whose commercial driver license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state commits a nonmoving violation, punishable as provided in s. 318.18.
(5) A person may not operate a motorcycle unless he or she holds a driver license that authorizes such operation, subject to the appropriate restrictions and endorsements. A person may operate an autocycle, as defined in s. 316.003, without a motorcycle endorsement.
(6) It is a violation of this section for any person whose driver license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.
(7) A person who is charged with a violation of this section, other than a violation of paragraph (2)(a), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant’s appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.
History.—s. 15, ch. 19551, 1939; CGL 1940 Supp. 4151(629); s. 15, ch. 20451, 1941; s. 2, ch. 29721, 1955; s. 2, ch. 61-457; s. 1, ch. 63-156; s. 2, ch. 65-496; s. 24, ch. 73-334; s. 3, ch. 78-394; s. 2, ch. 80-308; s. 1, ch. 84-139; s. 10, ch. 86-185; s. 3, ch. 86-296; s. 17, ch. 87-161; s. 3, ch. 88-50; s. 16, ch. 89-282; s. 11, ch. 91-255; s. 73, ch. 94-306; s. 927, ch. 95-148; s. 10, ch. 2009-183; s. 27, ch. 2010-162; s. 10, ch. 2018-111; s. 7, ch. 2018-130; s. 1, ch. 2024-10.
Notes of Decisions
Cited in 54
cases (2 in the last 5 years), 1959–2025 · leading case: Paul Stephens v. Nick Degiovanni, individually, 852 F.3d 1298 (11th Cir. 2017).
Paul Stephens v. Nick Degiovanni, individually, 852 F.3d 1298 (11th Cir. 2017). “02 , resisting an officer without violence to his or her person, 5 *1310 and Fla. Stat. § 322.03 (1), requiring Florida drivers to be licensed.”
State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017). “Individuals like Miller are guilty of a second-degree misdemeanor for violation of section 322.03, Florida Statutes. See § 322.”
United States v. Pinkham, 896 F.3d 133 (1st Cir. 2018). “See Fla. Stat. § 322.03 (1). When constructing the appellant's criminal history score, the district court treated this conviction as similar to an offense enumerated in section 4A1.”
Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010). “(2004) (requiring public lodging and public food service *1234 establishments to obtain licenses from the State); § 322.03(3)(b), Fla. Stat. (2004) (requiring Florida residents to obtain a commercial driver’s license from the State in order to operate a commercial motor…”
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “9 NO VALID DRIVER’S LICENSE § 322.03, Fla. Stat. To prove the crime of No Valid Driver’s License, the State must prove the following two elements beyond a reasonable doubt: 1.”
John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). “A person who does not have a Florida driver’s license and who does not fall within a statutory exemption to licensure does not have any driving privilege and is guilty of driving without a valid driver’s license, a violation of section 322.03. Id. at 564-65 (noting that the…”
Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012). “[4] Another provision, section 322.03(1), Florida Statutes (2009), proscribes driving without a valid driver's license: "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 a valid driver's…”
Fripp v. State, 766 So. 2d 252 (Fla. 4th DCA 2000). “The officer arrested the defendant for operating a motor vehicle without a valid driver's license, a misdemeanor contrary to section 322.03(1), Florida Statutes (1997).”
State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003). “The court held that not only was the definition in section 322.03 at issue but whether 322.34(2) was unconstitutional as applied was also at issue.”
State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016). “See § 322.03(1), Fla. Stat. (2014) (providing “[e]xcept as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in' this state unless such person has a valid driver license”); § 322.”
Roedel v. State, 773 So. 2d 1280 (Fla. 5th DCA 2000). “§ 322.03(1), Fla. Stat. . Amend. V; U.S. Const.”
Burgess v. State, 198 So. 3d 1151 (Fla. 2d DCA 2016). “See §§ 322.03, .04. Absent an exception, driving a car without a valid driver’s license is a misdemeanor of the second degree.”
— 322.03(1) — 30 cases
State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017). “Individuals like Miller are guilty of a second-degree misdemeanor for violation of section 322.03, Florida Statutes. See § 322.”
Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012). “[4] Another provision, section 322.03(1), Florida Statutes (2009), proscribes driving without a valid driver's license: "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 a valid driver's…”
Fripp v. State, 766 So. 2d 252 (Fla. 4th DCA 2000). “The officer arrested the defendant for operating a motor vehicle without a valid driver's license, a misdemeanor contrary to section 322.03(1), Florida Statutes (1997).”
John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). “A person who does not have a Florida driver’s license and who does not fall within a statutory exemption to licensure does not have any driving privilege and is guilty of driving without a valid driver’s license, a violation of section 322.03. Id. at 564-65 (noting that the…”
State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016). “See § 322.03(1), Fla. Stat. (2014) (providing “[e]xcept as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in' this state unless such person has a valid driver license”); § 322.”
— 322.03(3)(b) — 2 cases
Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010). “(2004) (requiring public lodging and public food service *1234 establishments to obtain licenses from the State); § 322.03(3)(b), Fla. Stat. (2004) (requiring Florida residents to obtain a commercial driver’s license from the State in order to operate a commercial motor…”
Waites v. State, 702 So. 2d 1373 (Fla. 4th DCA 1997).
— 322.03(4) — 1 case
Woodson v. Ivey, 917 So. 2d 993 (Fla. 5th DCA 2005).
— 322.03(l)(b) — 1 case
Canal Ins. Co. v. Reed, 680 So. 2d 486 (Fla. 1st DCA 1996).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.