CopyCited 155 times | Published | Court of Appeals for the Eleventh Circuit | 2017 U.S. App. LEXIS 5548, 2017 WL 1174381
...possession a valid noncommercial driver license issued
to the nonresident in his or her home state or country operating a motor vehicle, other than a
commercial motor vehicle, [is exempt from obtaining a driver license] in this state.” Fla. Stat. §
322.04(1)(d) (emphasis added).
8
Case: 15-10206 Date Filed: 03/30/2017 Page: 9 of 46
Broward County Jail, where he remained for several hours until he was able to pay
his $100...
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Cited "but see"Logan (2024)phrase: "but see"
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 812, 2012 WL 181453
...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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Cited as authorityBurgess (2016)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...ial court
certified the following two questions as being of great public
importance:
1: Does a person who has never had a driver’s license
issued to them by any government (state, federal, or
foreign), and who is not exempt under section
322.04,
have a ‘driving privilege’ in the State of Florida?
2: If the answer to Question One is no, can that
person nonetheless be convicted of DWLSR, in violation
of either section
322.34(1) or section
322.34(2), if...
...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.
The purpose of a m...
...(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....
...Moreover, “[a] person operating a motor vehicle on
the roads of this State must possess a valid license issued by the
State of Florida or fall under an exception to licensure.” State v.
Miller,
227 So. 3d 562, 564 (Fla. 2017) (citing section
322.03(1)).
Considering sections
322.03 and
322.04 in pari materia, the term
“driving privilege” “refers to all the individuals who may lawfully
operate vehicles on Florida’s roads, even if they do not possess a
Florida driver license.” Id....
...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)....
...zed 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....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
provisions of Chapter 322, Florida Statutes.3 Section
322.04, Florida Statutes, however, enumerates several
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 1998, 2006 WL 358233
...bicycles as defined in section
316.003. §
322.01(26), Fla. Stat. (2004). Clearly, the definition of motor vehicle is broad enough to include a front-end loader. Nonetheless, Marrero argues that he is exempted from that general require *750 ment by section
322.04(l)(b), Florida Statutes (2004), which provides that: (1) The following persons are exempt from obtaining a driver’s license: [[Image here]] (b) any person while driving or operating any road machine ......
