Florida/Georgia Personal Injury & Workers Compensation

...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...

...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....

...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....

provisions of Chapter 322, Florida Statutes.3 Section 322.04, Florida Statutes, however, enumerates several

1981). 8 262 So.2d 661, 668 (Fla. 1972). 9 Section 322.04(1)(e), Fla. Stat. 10 Section 316.212(6), Fla

...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 ......

highways without a valid Florida driver's license. Section 322.04(1)(c), F. S., specifically provides an exemption