Florida Statute 322.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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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 Casetext

Amendments to 322.03

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

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

Annotations, Discussions, Cases:

Cases Citing Statute 322.03

Total Results: 20

Thomas v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: driver license. See §§ 316.1935(3)(a), 843.02, 322.03, Fla. Stat. (2022). He claims the trial court erred

Teresa Moon-Vileno, an individual, and Deborah Lynn Felty, an individual v. Florida Association of Court Clerks, Inc., a Florida Not for Profit Corporation, FACC

Court: District Court of Appeal of Florida | Date Filed: 2024-01-24

Snippet: or procedure to be used. Section 215.322(3)(b) provides that the Chief Financial Officer shall

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Court: Supreme Court of Florida | Date Filed: 2020-12-10

Snippet: Without having a driver license as required under s. 322.03; or (b) While his or her driver

STEVEN J. WOODBURY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-09-04

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

John Eugene Williams, III v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 356

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

Robert K. Robinson v. Commission on Ethics

Court: District Court of Appeal of Florida | Date Filed: 2018-03-29

Citation: 242 So. 3d 467

Snippet: advisory opinions issued pursuant to section 112.322(3). In Opinion 17-18, for example, the Commission

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

Court: Supreme Court of Florida | Date Filed: 2017-11-30

Snippet: INS. NO. No Valid Driver’s 322.03 28.9 License Attempt

State of Florida v. Daryl Miller

Court: Supreme Court of Florida | Date Filed: 2017-09-28

Citation: 227 So. 3d 562

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

Alphonso Finney v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2017-05-19

Citation: 219 So. 3d 254, 2017 WL 2211427, 2017 Fla. App. LEXIS 7238

Snippet: revoked. See note 3, supra. 5 . See §§ 322.03(1), 322.39, Fla. Stat. (2015); Crain, supra (reversing

Burgess v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-02

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

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

Burgess v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

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

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

Court: Supreme Court of Florida | Date Filed: 2016-06-02

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

Snippet: stating the amount of current taxes due. § 197.322(3), Fla. Stat. (2013). Section 197.333, Florida Statutes

State v. Miller

Court: District Court of Appeal of Florida | Date Filed: 2016-06-01

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

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

Tosado v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-10-09

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-04-07

Citation: 160 So. 3d 160

Snippet: stating the amount of current taxes due. § 197.322(3), Fla. Stat. (2013). Section 197.333, Florida Statutes

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

Court: Supreme Court of Florida | Date Filed: 2013-12-05

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

Snippet: CATEGORY TWO FLA. INS. NO. STAT. No Valid Driver’s 322.03 28.9 License if 322.34(6)(a) is charged. Comment

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

Court: Supreme Court of Florida | Date Filed: 2013-11-21

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

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

Crain v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-24

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

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

State v. Gentry

Court: District Court of Appeal of Florida | Date Filed: 2011-03-11

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

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

Dees v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-03-02

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

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