Florida Statutes
Fla. Stat. § 322.031 (2025)
Nonresident; when license required.
✓ 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
322.031 Nonresident; when license required.—
(1) In each case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003, accepts employment or engages in a 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 30 days after beginning such employment or education, be required to obtain a Florida driver license if such nonresident operates a motor vehicle on the highways of this state. The spouse or dependent child of such nonresident shall also be required to obtain a Florida driver license within that 30-day period before operating a motor vehicle on the highways of this state.
(2) A member of the United States Armed Forces on active duty in this state, his or her spouse, or a dependent residing with him or her, is not required to obtain or display a Florida driver license if he or she is in possession of a valid military identification card and either a valid driver license or learner’s permit issued by another state, or a valid military driving permit. Such a person is not required to obtain or display a Florida driver license because he or she enters his or her children to be educated in the public schools of this state or because he or she accepts employment or engages in a trade, profession, or occupation in this state.
(3) A nonresident who is domiciled in another state and who commutes into this state in order to work is not required to obtain a Florida driver license under this section solely because he or she has accepted employment or engages in a trade, profession, or occupation in this state if he or she has a valid driver license issued by another state. Further, a person who is enrolled as a student in a college or university and who is a nonresident but 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 obtain a Florida driver license for the duration of the work-study program if such person has a valid driver license issued by another state. A nonresident who is enrolled as a full-time student in such institution of higher learning is also exempt from the requirement of obtaining a Florida driver license for the duration of such enrollment.
(4) A nonresident who is at least 21 years of age and who has in his or her immediate possession a valid commercial driver license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986 may operate a motor vehicle of the type permitted by his or her license to be operated in this state.
History.—s. 1, ch. 73-238; s. 6, ch. 75-228; s. 4, ch. 78-394; s. 1, ch. 79-117; s. 3, ch. 82-112; s. 18, ch. 83-218; s. 35, ch. 89-282; s. 29, ch. 91-221; s. 394, ch. 95-148; s. 7, ch. 97-218; s. 967, ch. 2002-387; s. 6, ch. 2006-81; s. 24, ch. 2014-1; s. 76, ch. 2016-239.
Arrestable Offenses under F.S. 322.031
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§322.031PUBLIC ORDER CRIMESVIOL NONRESIDENT EXEMPTION DRIVERS LIC
Civil Citations under F.S. 322.031
Driver's license points · R = revocation · S = suspension§322.031(1)DL - Violation of NONRESIDENT REQUIREMENTS for a DL
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2012–2026 · leading case: Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012).
Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012). “Crain concedes that one can obtain the privilege to drive in Florida via a statutory exemption pursuant to section 322.031, Florida Statutes (2009) or section 322.”
John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). “§§ 322.031, 322.04, Fla. Stat. (2016). Section 322.”
Brayan a. Sagastume Mirlalda, as Driver, Concrete Holdings & Servs., LLC a/k/a &/or d/b/a C&c Concrete Pumping, C&c Concrete Pumping of Orlando, Inc. a/k/a &/or C&c Concrete Pumping of Orlando, C&c Servs. Orlando, LLC a/k/a &/or d/b/a C&c Concrete Pumping of Orlando, C&c Concrete Pumping of Tampa, LLC, C&c Servs. Grp., LLC, & Jose Cancio (Fla. 6th DCA 2026). “See § 322.031(1), Fla. Stat. (requiring nonresidents to obtain Florida driver’s license within 30 days of accepting employment in Florida).”
VTS Transp., Inc. v. Palm Beach Cnty., 239 F. Supp. 3d 1350 (S.D. Fla. 2017). “Raiser drivers, on the other hand, are required to have a Florida valid driver’s license or to be “otherwise authorized to operate a motor vehicle pursuant to Section 322.031, Florida Statutes.” DE 351-1 at 4-5, ¶ 11(D).”
del Campo-Aguila v. Martins (S.D. Fla. 2023). “7 See Fla. Stat. § 322.031 . have been negligent) violated this [statute] [ordinance] [regulation], you may consider that fact, together with the other facts and circumstances, in deciding whether such person was negligent.”
— 322.031(1) — 1 case
Brayan a. Sagastume Mirlalda, as Driver, Concrete Holdings & Servs., LLC a/k/a &/or d/b/a C&c Concrete Pumping, C&c Concrete Pumping of Orlando, Inc. a/k/a &/or C&c Concrete Pumping of Orlando, C&c Servs. Orlando, LLC a/k/a &/or d/b/a C&c Concrete Pumping of Orlando, C&c Concrete Pumping of Tampa, LLC, C&c Servs. Grp., LLC, & Jose Cancio (Fla. 6th DCA 2026). “See § 322.031(1), Fla. Stat. (requiring nonresidents to obtain Florida driver’s license within 30 days of accepting employment in Florida).”
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.