Florida Statute 322.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.03

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.

F.S. 322.03 on Google Scholar

F.S. 322.03 on CourtListener

Amendments to 322.03

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S322.03

R or S next to points is Mandatory Revocation or Suspension

S322.03 (1) NO DRIVER LICENSE - never had one issued (If valid at time citation was issued, a dismissal fee up to $10 can be paid, when proof submitted to Clerk of Court) - Points on Drivers License: 0

S322.03 (1)(a) Failed to surrender DL/CDL Note 18 - Points on Drivers License: 3

S322.03 (1)(a) Made FALSE AFFIDAVIT concerning license - Points on Drivers License: 0 S

S322.03 (1)(b) Having MORE THAN ONE VALID FL Driver License - Points on Drivers License: 0

S322.03 (3)(b) Florida RESIDENT driving a CMV in Florida MUST HAVE A CDL LICENSE ISSUED BY THE STATE OF FLORIDA - Points on Drivers License: 0

S322.03 (3)(c) EXPIRED CDL ( 30 days or less) IF IN A CMV [If expired MORE THAN 30 DAYS see 322.54(4)(a)] - Points on Drivers License: 0

S322.03 (4) No Driver License for the operation of Motorcycle - Points on Drivers License: 0

S322.03 (5) EXPIRED DL (MORE THAN 6 MONTHS) (619 must be used for "Expired DL more than 4 months" until 10/1/2010) (If expired less than 4 months see 322.065 - Points on Drivers License: 0

Arrestable Offenses / Crimes under Fla. Stat. 322.03

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

S322.03 1 - MOVING TRAFFIC VIOL - OPERATE MOTOR VEHICLE WO VALID LICENSE - M: S

S322.03 1a - FRAUD-FALSE STATEMENT - FALSE AFFIDAVIT REGARDING POSSESSION OF CDL - M: F

S322.03 1b - NONMOVING TRAFFIC VIOL - POSSESS MORE THAN ONE VALID DRIVERS LIC - M: S

S322.03 3 - MOVING TRAFFIC VIOL - OPERATE COMMERCIAL VEHICLE WO VALID CDL - M: F

S322.03 3b - MOVING TRAFFIC VIOL - OPERATE COMMERCIAL VEHICLE WO VALID CDL - M: F

S322.03 4 - MOVING TRAFFIC VIOL - OPERATE MOTORCYCLE WO LICENSE - M: S

S322.03 5 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9348 - M: S

S322.03 5 - MOVING TRAFFIC VIOL - DRIVE W EXPIRED LICENSE FOR MORE THAN 6 MONTHS - M: S

Cases Citing Statute 322.03

Total Results: 50

Paul Stephens v. Nick Degiovanni, individually

852 F.3d 1298, 2017 U.S. App. LEXIS 5548, 2017 WL 1174381

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 2017 | Docket: 4658938

Cited 155 times | Published

person, 5 *1310 and Fla. Stat. § 322.03(1), requiring Florida drivers to be licensed.

City of Miami v. Aronovitz

114 So. 2d 784

Supreme Court of Florida | Filed: Sep 16, 1959 | Docket: 460835

Cited 42 times | Published

State is required to obtain a license to drive. Section 322.03, Florida Statutes, F.S.A., prohibits a person

Curd v. Mosaic Fertilizer, LLC

39 So. 3d 1216, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20172, 2010 A.M.C. 2211, 35 Fla. L. Weekly Supp. 341, 71 ERC (BNA) 1005, 2010 Fla. LEXIS 944, 2010 WL 2400384

Supreme Court of Florida | Filed: Jun 17, 2010 | Docket: 60294850

Cited 19 times | Published

*1234establishments to obtain licenses from the State); § 322.03(3)(b), Fla. Stat. (2004) (requiring Florida residents

Marshall v. State

354 So. 2d 107

District Court of Appeal of Florida | Filed: Jan 13, 1978 | Docket: 1682265

Cited 11 times | Published

John Harvin Marshall need not be disturbed. Section 322.03, Florida Statutes (1975) specifies that no

Fripp v. State

766 So. 2d 252, 2000 WL 140371

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1697707

Cited 8 times | Published

driver's license, a misdemeanor contrary to section 322.03(1), Florida Statutes (1997). A search of the

Crain v. State

79 So. 3d 118, 2012 Fla. App. LEXIS 812, 2012 WL 181453

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 2357556

Cited 6 times | Published

issued a license to drive.4 Another provision, section 322.03(1), Florida Statutes (2009), proscribes driving

Welch v. State

741 So. 2d 1268, 1999 WL 820990

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 1511122

Cited 6 times | Published

State, 467 So.2d 386 (Fla. 5th DCA 1985). [3] § 322.03(1), Fla. Stat. [4] Art. 1, § 12, Fla. Const.

Soto v. State

711 So. 2d 1275, 1998 WL 250752

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1700604

Cited 6 times | Published

dismiss, which was dispositive. We affirm. Section 322.03(1), Florida Statutes (1995) provides: Drivers

Sorrell v. State

855 So. 2d 1253, 2003 WL 22339170

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 463989

Cited 5 times | Published

without a valid driver's license contrary to section 322.03(1), Florida Statutes (2001) is a necessarily

State v. Riley

698 So. 2d 374, 1997 WL 476461

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 434282

Cited 5 times | Published

displacement is approximately 22.5 cubic centimeters. Section 322.03(1) of the Florida Statutes provides that "

Ivory v. State

588 So. 2d 1007, 1991 WL 194181

District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1297406

Cited 5 times | Published

misdemeanor of the second degree, in violation of section 322.03, Florida Statutes (1979). The ticket indicated

Carr v. State

561 So. 2d 617, 15 Fla. L. Weekly Fed. D 1211

District Court of Appeal of Florida | Filed: May 3, 1990 | Docket: 1480438

Cited 5 times | Published

(1987). [2] § 316.027, Fla. Stat. (1987). [3] § 322.03, Fla. Stat. (1987). [4] Roban v. State, 384 So

Ivory v. State

898 So. 2d 184, 2005 WL 562657

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1448296

Cited 4 times | Published

NOTES [1] § 322.34(5), Fla. Stat. (2003). [2] § 322.03(1), Fla. Stat. (2003).

TB v. State

732 So. 2d 1163, 1999 WL 219331

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 460492

Cited 4 times | Published

is a second-degree misdemeanor pursuant to section 322.03(1) & 322.39(2), Florida Statutes (1997), punishable

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

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

amended in 2013. 28.9 NO VALID DRIVER’S LICENSE § 322.03, Fla. Stat. To prove the crime of No Valid Driver’s

Woodson v. Ivey

917 So. 2d 993, 2005 WL 3555572

District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 1509415

Cited 2 times | Published

return to the office with the driver. [2] Section 322.03(4), Florida Statutes (2002), provides that

State v. Meister

849 So. 2d 1127, 2003 WL 21658536

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 1509346

Cited 2 times | Published

Information against her on the grounds that section 322.03(1), Florida Statutes (2001), is unconstitutional

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

valid driver license issued under this chapter.” § 322.03(1), Fla. Stat. (2016); see also § 322.39(1), Fla

Burgess v. State

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

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418859

Cited 1 times | Published

order to operate a motor vehicle in the state. § 322.03(1), There are exceptions to the requirement of

Lenhart v. Federated National Insurance Co.

950 So. 2d 454, 2007 Fla. App. LEXIS 1792, 2007 WL 461335

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 64849591

Cited 1 times | Published

vehicle on the highway without a valid license. See § 322.03(1) Fla. Stat. (2006) (“a person may not drive

State v. Jones

899 So. 2d 1280, 2005 WL 957594

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 1353236

Cited 1 times | Published

driving without a valid license, a violation of section 322.03(1), Florida Statutes (2003). The cases were

Roedel v. State

773 So. 2d 1280, 2000 Fla. App. LEXIS 16930, 2000 WL 1878947

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64802613

Cited 1 times | Published

motor vehicle without a valid driver’s license. Section 322.03(1) simply provides: Except as otherwise authorized

Waites v. State

702 So. 2d 1373, 1997 WL 795664

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 460351

Cited 1 times | Published

for operating a motor vehicle in violation of section 322.03(3)(b), in a careless and negligent manner resulting

State of Florida v. Powell

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038918

Published

449 U.S. at 713; Arvizu, 534 U.S. at 273.; see § 322.03(1), Fla. Stat. (prohibiting any person from driving

Eric K. Brooks v. D Miller

Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2023 | Docket: 65385127

Published

Argued: Sep 28, 2022

without a license. Florida Statutes § 322.03(1) makes it a misdemeanor for any person

STEVEN J. WOODBURY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 4, 2020 | Docket: 18411935

Published

second-degree misdemeanor for violation of section 322.03, Florida Statutes." Miller, 227 So. 3d

State of Florida v. Daryl Miller

227 So. 3d 562, 2017 WL 4296307

Supreme Court of Florida | Filed: Sep 28, 2017 | Docket: 6159896

Published

Florida or fall under an exception to licensure. § 322.03(1), Fla. Stat. (2017).-One exception includes

Burgess v. State

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108987

Published

order to operate a motor vehicle in the state. § 322.03(1). There are exceptions to the requirement of

State v. Miller

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

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068914

Published

without a valid driver’s' license. See § 322.03(1), Fla. Stat. (2014) (providing “[e]xcept as

Tosado v. State

175 So. 3d 935, 2015 Fla. App. LEXIS 14988, 2015 WL 5883717

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 60250694

Published

driving without a valid license in violation of section 322.03(1), Florida Statutes (2013). Athough Appellant

Stephens v. Broward Sheriff's Office

84 F. Supp. 3d 1327, 2014 U.S. Dist. LEXIS 170817, 2014 WL 7779275

District Court, S.D. Florida | Filed: Dec 10, 2014 | Docket: 64300326

Published

a citation for violation of Florida Statute section 322.03(1), and pled “No Contest with a Withhold of

State v. Gentry

57 So. 3d 245, 2011 Fla. App. LEXIS 3272, 2011 WL 830634

District Court of Appeal of Florida | Filed: Mar 11, 2011 | Docket: 60298976

Published

See § 893.13(6)(a), Fla. Stat. (2008). . See § 322.03(1), Fla. Stat. (2008). . See Robertson v. State

Dees v. State

54 So. 3d 644, 2011 Fla. App. LEXIS 2680, 2011 WL 715009

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60298365

Published

driving without a valid license, in violation of section 322.03(1), Florida Statutes (2009) (Count III). All

Kirkland v. State

41 So. 3d 1048, 2010 Fla. App. LEXIS 11707, 2010 WL 3120223

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 1238316

Published

without having a driver's license as required by Section 322.03, Florida Statutes, and, by careless or negligent

State v. MANCHADO

968 So. 2d 115, 2007 WL 4125796

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1745323

Published

State, 711 So.2d 1275 (Fla. 4th DCA 1998). Section 322.03(1) states, "[E]xcept as otherwise authorized

In re Standard Jury Instructions in Criminal Cases (No. 2005-6)

958 So. 2d 361, 32 Fla. L. Weekly Supp. 183, 2007 Fla. LEXIS 771, 2007 WL 1287506

Supreme Court of Florida | Filed: May 3, 2007 | Docket: 64850999

Published

VALID OPERATORS OR CHAUFFEUR’S DRIVER’S LICENSE § 322.03, Fla. Stat. To prove the crime of No Valid Operator’s

Marrero v. State

921 So. 2d 748, 2006 Fla. App. LEXIS 1998, 2006 WL 358233

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 64842513

Published

any motor vehicle upon a highway in this state. § 322.03(1), Fla. Stat. (2004). For purposes of chapter

Ago

Florida Attorney General Reports | Filed: Nov 23, 2004 | Docket: 3256515

Published

1-16-85). 2 Section 316.212(1), Fla. Stat. 3 Section 322.03, Fla. Stat. 4 Section 322.04(1)(e), Fla. Stat

Ago

Florida Attorney General Reports | Filed: Nov 23, 2004 | Docket: 3256515

Published

1-16-85). 2 Section 316.212(1), Fla. Stat. 3 Section 322.03, Fla. Stat. 4 Section 322.04(1)(e), Fla. Stat

Davis v. State

860 So. 2d 1101, 2003 Fla. App. LEXIS 18812, 2003 WL 22927232

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 64826763

Published

driver’s license (Count III), a violation of section 322.03(1), Florida Statutes (2002). Appellant entered

Ago

Florida Attorney General Reports | Filed: Sep 25, 2003 | Docket: 3256785

Published

motorized bicycles as defined in s.316.003." Section 322.03(1), Florida Statutes, provides that except

Hagood v. State

824 So. 2d 252, 2002 Fla. App. LEXIS 11279, 2002 WL 1798733

District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 64817050

Published

driving without a valid driver’s license under section 322.03(1) and driving with a suspended or revoked

State v. Brown

734 So. 2d 1187, 1999 Fla. App. LEXIS 8909, 1999 WL 445690

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 64788753

Published

willful act in clear violation of the law. See § 322.03, Fla. Stat. (1997); see also Waites v. State,

T.B. v. State

732 So. 2d 1163, 1999 Fla. App. LEXIS 5003

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64788301

Published

is a second-degree misdemeanor pursuant to section 322.03(1) & 322.39(2), Florida Statutes (1997), punishable

Ago

Florida Attorney General Reports | Filed: Dec 30, 1998 | Docket: 3259012

Published

Corporation of America, 144 So.2d 813 (Fla. 1962). 8 Section 322.03(1), Fla. Stat., provides generally that no

Canal Insurance Co. v. Reed

680 So. 2d 486, 1996 Fla. App. LEXIS 3308, 1996 WL 134307

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 64767852

Published

1985 statutes provide the applicable law and section 322.03, relating to licensing, contains nothing requiring

State v. Ishie

415 So. 2d 835, 1982 Fla. App. LEXIS 20329

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 64590719

Published

without a valid driver’s license, in violation of section 322.03, Florida Statutes (1981). Appellee filed a

State v. In the Interest of C. B. K.

362 So. 2d 354, 1978 Fla. App. LEXIS 17188

District Court of Appeal of Florida | Filed: Aug 14, 1978 | Docket: 64565967

Published

without a valid license, contrary to Florida Statute § 322.03(1). The question here is whether a juvenile who

Ago

Florida Attorney General Reports | Filed: Mar 23, 1976 | Docket: 3255220

Published

possess a valid driver's or chauffeur's license. Section 322.03, F. S. Nowhere within Ch. 322, F. S., is there

Lanier v. State

226 So. 2d 37, 1969 Fla. App. LEXIS 5221

District Court of Appeal of Florida | Filed: Aug 26, 1969 | Docket: 64511185

Published

Chief Judge, and SPECTOR, J., concur. . F.S. § 322.03(1), F.S.A. “No person, except those hereinafter