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Florida Statute 322.031 - Full Text and Legal Analysis
Florida Statute 322.031 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 322.031 Case Law from Google Scholar Google Search for Amendments to 322.031

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
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.

F.S. 322.031 on Google Scholar

F.S. 322.031 on CourtListener

Amendments to 322.031


Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S322.031
R or S next to points is Mandatory Revocation or Suspension

S322.031 (1) DL - Violation of NONRESIDENT REQUIREMENTS for a DL - Points on Drivers License: 0
Arrestable Offenses / Crimes under Fla. Stat. 322.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.031 - PUBLIC ORDER CRIMES - VIOL NONRESIDENT EXEMPTION DRIVERS LIC - M: S

Cases Citing Statute 322.031

Total Results: 41  |  Sort by: Relevance  |  Newest First

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Thornhill v. Kirkman, 62 So. 2d 740 (Fla. 1953).

Cited 29 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 2088

propery damage." It provides for a hearing, Section 322.31(1, 2), F.S.A., and for revocation of one's
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DHSMV v. Alliston, 813 So. 2d 141 (Fla. 2d DCA 2002).

Cited 20 times | Published | Florida 2nd District Court of Appeal | 2002 WL 384310

certiorari review with the circuit court pursuant to section 322.31, Florida Statutes (2000). The circuit court
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State, Dept. of High. Saf. v. Vogt, 489 So. 2d 1168 (Fla. 2d DCA 1986).

Cited 14 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1196

Department's action by the Circuit Court pursuant to section 322.31, Florida Statutes (1985). See Mellon v. Cannon
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Carnegie v. Dep't of Pub. Saf., 60 So. 2d 728 (Fla. 1952).

Cited 11 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1431

instituted by appellant under the provisions of Section 322.31(2), Florida Statutes, F.S.A., to obtain the
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Jones v. Kirkman, 138 So. 2d 513 (Fla. 1962).

Cited 10 times | Published | Supreme Court of Florida

322.27, Florida Statutes, F.S.A. Pursuant to Section 322.31, Florida Statutes, F.S.A., Jones sought review
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Dep't of High. Saf. & Motor Vehs. v. Roberts, 938 So. 2d 513 (Fla. 5th DCA 2006).

Cited 6 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 4222, 2006 WL 733970

to sections 322.2615(6), (7), and (15) and section 322.31, Florida Statutes (2003), to determine whether
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Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 812, 2012 WL 181453

...even though the record was clear that he had never actually had or been issued a driver's license. The state does not argue otherwise. [4] Mr. 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 322.04, Florida Statutes (2009), but argues that, because Mr....
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Wingate v. State, Dept. of Hwy. Saf. & Motor Vehs., 442 So. 2d 1023 (Fla. 5th DCA 1983).

Cited 6 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 24328

court in the county of the person's residence. § 322.31, Fla. Stat. (1981). The circuit court received
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Dickenson v. Aultman, 905 So. 2d 169 (Fla. 3d DCA 2005).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2005 WL 544844

Department further argues that, pursuant to section 322.31, Florida *172 Statutes (2003), its decision
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Mellon v. Cannon, 482 So. 2d 604 (Fla. 5th DCA 1986).

Cited 5 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 420

certiorari review by the circuit court under section 322.31, Florida Statutes. He failed to do this even
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Melkonian v. Goldman, 647 So. 2d 1008 (Fla. 3d DCA 1994).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 1994 WL 706265

of that decision in the Circuit Court under section 322.31, Florida Statutes (1993). Judge Goldman, Administrative
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Dep't of High. Saf. & Motor Vehs. v. Smith, 687 So. 2d 30 (Fla. 1st DCA 1997).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 43, 1997 WL 7291

Development v. Heggs, 658 So.2d 523 (Fla.1995). Section 322.31, Florida Statutes (1993), establishes that
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Bradsheer v. Florida Dep't of High. Saf. & Motor Vehs., 20 So. 3d 915 (Fla. 1st DCA 2009).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 14399, 2009 WL 3047325

thirty days” after the request. Id. at 514 (citing § 322.31, Fla. Stat.). In rejecting the argument that a
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Johnson v. State Dept. of Hwy. Saf., 709 So. 2d 623 (Fla. 4th DCA 1998).

Cited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 171817

to file a writ of certiorari in accordance with § 322.31 F.S. *624 Instead of requesting a record review
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Davis v. Dept. of Hwy. Saf. & Mot. Veh., 660 So. 2d 775 (Fla. 1st DCA 1995).

Cited 2 times | Published | Florida 1st District Court of Appeal

certiorari in accordance with S. 322.31 F.S. Section 322.31, Florida Statutes (1993), provides that orders
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Vichich v. DHSMV, 799 So. 2d 1069 (Fla. 2d DCA 2001).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1104242

certiorari to the circuit court as authorized by section 322.31, Florida Statutes (1999). In reviewing the
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State Dept. of Hwy. Saf. & Motor Veh., Etc. v. Adams, 338 So. 2d 542 (Fla. 1st DCA 1976).

Cited 1 times | Published | Florida 1st District Court of Appeal

" In apparent conflict with the above statute, § 322.31, Fla. Stat. (1975), provides as follows: "The
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State, Dept. of High. v. Davis, 775 So. 2d 989 (Fla. 1st DCA 2000).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2000 WL 1742046

petition for writ of certiorari pursuant to section 322.31, Florida Statutes, arguing that his license
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State Dept. of Hwy. Saf. & Motor Vehs. v. Scott, 583 So. 2d 785 (Fla. 2d DCA 1991).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 7794, 1991 WL 150408

the Department's decision pursuant to section 322.31. Section 322.31 provides: Right of review. — The final
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John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018).

Cited 1 times | Published | Florida 1st District Court of Appeal

...We have jurisdiction pursuant to Florida Rules of Appellate Procedure 9.030 and 9.160, and we rephrase the certified questions as follows: Does a person who has never had a Florida driver’s license and who is not exempt from the licensing requirement under section 322.031 or section 322.04, Florida Statutes, have a “driving privilege” such that he or she can be convicted under section 322.34(1) or section 322.34(2), Florida Statutes? We answer the rephrased certified question in the negative....
...Stat. (2016); see also § 322.39(1), Fla. Stat. (2016) (“It is a misdemeanor for any person to violate any of the provisions of this chapter, unless such violation is declared to be otherwise by this chapter or other law of this state.”). Sections 322.031 and 322.04 set forth exceptions to the Florida driver’s license requirement, which include nonresidents who possess a valid driver’s license issued by their home state. §§ 322.031, 322.04, Fla....
...be convicted under section 322.34(2). In light of Miller, we answer the rephrased certified question in the negative and conclude that a person who has never had a Florida driver’s license and who is not exempt from the licensing requirement under section 322.031 or section 322.04 does not have a driving privilege such that he or she can be convicted under section 322.34(1) or section 322.34(2)....
...wise authorized by chapter 322. See §§ 322.03(1), 322.39(1), Fla. Stat. Chapter 322 in turn sets forth specific exemptions to the Florida licensing requirement, such as for nonresidents, members of the army, and federal government employees. See §§ 322.031, 322.04, Fla....
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Gause v. Kirkman, 178 So. 2d 741 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida

driver’s license suspensions or revocations. Section 322.31, F.S., F.S.A., provides: “Right of review.-
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Davis v. Dep't of High. Saf. & Motor Vehs., 660 So. 2d 775 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9770, 1995 WL 548346

certiorari in accordance with S. 322.31 F.S. Section 322.31, Florida Statutes (1993), provides that orders
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Dep't of High. Saf. v. Parsons, 719 So. 2d 339 (Fla. 1st DCA 1998).

Published | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 11541, 1998 WL 601341

130(a)(3)(B). . § 316.193, Fla. Slat. (1997). . Section 322.31 provides: Right of review.' — The final orders
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Dept. of High. Saf. & Motor Vehs. v. Sperberg, 257 So. 3d 560 (Fla. 3d DCA 2018).

Published | Florida 3rd District Court of Appeal

Appellate Procedure 9.030(c)(3) and 9.100, 3 Section 322.31, Florida Statutes (2018), provides that “final
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VTS Transp., Inc. v. Palm Beach Cnty., 239 F. Supp. 3d 1350 (S.D. Fla. 2017).

Published | District Court, S.D. Florida | 2017 U.S. Dist. LEXIS 36381, 2017 WL 1042331

...that there are no impediments to his or her operating a vehicle within the county. Id. 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)....
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State, Dep't of High. Saf. & Motor Vehs. v. Bell, 505 So. 2d 472 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 708, 1987 Fla. App. LEXIS 7134

Department’s order by certiorari as authorized in section 322.31, Florida Statutes (1985), adopted the county
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State, Dep't of High. Saf. & Motor Vehs. v. Lopez, 188 So. 3d 95 (Fla. 3d DCA 2016).

Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 4890, 2016 WL 1239879

Juan Jose Lopez. Pursuant to *96 section 322.31 of the Florida Statutes, Lopez had thirty days
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Higgins v. Dep't of Pub. Saf., 138 So. 2d 530 (Fla. Dist. Ct. App. 1962).

Published | District Court of Appeal of Florida | 1962 Fla. App. LEXIS 3429

not erroneous in fact or in law. Affirmed. . Section 322.31, Fla.Stat., F.S.A., giving a right to petition
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Dep't of High. Saf. & Motor v. Hagar, 581 So. 2d 214 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 5149, 1991 WL 93530

challenging the revocation order pursuant to section 322.31 of the Florida Statutes (1989). Hagar alleged
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Dept. of High. Saf. & Motor Vehs., Div. of Driver Licenses v. Shenk, 509 So. 2d 355 (Fla. 4th DCA 1987).

Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1410, 1987 Fla. App. LEXIS 8540

petition for writ of cer-tiorari pursuant to section 322.31, Florida Statutes (1985). We treat the appeal
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Akins v. State, 249 So. 2d 778 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6464

six months; and It further appearing that F.S. § 322.31 F.S.A. provides the method of review of an order
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Keith v. Corbin, 346 So. 2d 1223 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16012

jurisdiction to enter the writs. It did not. Section 322.31, Florida Statutes (1975), provides: “Right
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State, Dep't of High. Saf. & Motor Vehs., Div. of Driver Licenses v. Purdum, 400 So. 2d 1050 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20538

In statutory certiorari proceedings pursuant to § 322.31, Florida Statutes (1979), the circuit court may
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Dep't of High. Saf. & Motor Vehs. v. Morrical, 262 So. 3d 865 (Fla. 5th DCA 2019).

Published | Florida 5th District Court of Appeal

review of this order in the circuit court. See § 322.31, Fla. Stat. (2017). The three-judge appellate
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Dep't of High. Saf. & Motor Vehs. v. Morrical, 262 So. 3d 865 (Fla. 5th DCA 2019).

Published | Florida 5th District Court of Appeal

review of this order in the circuit court. See § 322.31, Fla. Stat. (2017). The three-judge appellate
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Duckworth v. State, 923 So. 2d 530 (Fla. 4th DCA 2006).

Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2492, 2006 WL 437506

be admitted in proceedings under § .322.271 or § 322.31. Any person conducting an examination pursuant
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State, Dep't of High. Saf. & Motor Vehs. v. Melendez, 132 So. 3d 1237 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 WL 785005, 2014 Fla. App. LEXIS 2603

order by following the procedure specified in § 322.31, Florida Statutes.”- Petitioner did not file her
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Galloway v. State, 305 So. 2d 278 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7446

should have dismissed an appeal when Fla.Stat. § 322.31 denominates certiorari • as the appropriate method
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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

motor vehicle on the highways of the state. Section 322.031, F. S., provides: In every case in which
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Dept. of High. Saf. v. Elias, 997 So. 2d 1172 (Fla. 3d DCA 2008).

Published | Florida 3rd District Court of Appeal | 2008 WL 5233781

does not mean that Elias was without recourse. Section 322.31, Florida Statutes (2007), expressly provides
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Dep't of High. Saf. & Motor Vehs. v. Crane, 10 So. 3d 182 (Fla. 1st DCA 2009).

Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2720, 2009 WL 886225

Department's action by the Circuit Court pursuant to section 322.31, Florida Statutes (1985)."). Cf. Department

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.