322.04
Persons exempt from obtaining driver license.
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322.04 Persons exempt from obtaining driver license.—
(1) The following persons are exempt from obtaining a driver license:
(a) Any employee of the United States Government, while operating a noncommercial motor vehicle owned by or leased to the United States Government and being operated on official business.
(b) Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway.
(c) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country operating a motor vehicle of the type for which a Class E driver license is required in this state, if the nonresident’s license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.
(d) A nonresident who is at least 18 years of age and who has in his or her immediate 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, in this state, if the nonresident’s license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.
(2) This section does not apply to any person to whom s. 322.031 applies.
(3) Any person working for a firm under contract to the United States Government whose residence is outside this state and whose main point of employment is outside this state may drive a noncommercial vehicle on the public roads of this state for periods up to 60 days while in this state on temporary duty, if the person has a valid driver license from the state of the person’s residence and if the license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.
History.—s. 16, ch. 19551, 1939; CGL 1940 Supp. 4151(630); s. 16, ch. 20451, 1941; s. 1, ch. 21949, 1943; s. 3, ch. 29721, 1955; s. 1, ch. 59-315; s. 1, ch. 61-124; s. 1, ch. 69-186; s. 5, ch. 78-394; s. 2, ch. 84-111; s. 45, ch. 87-198; s. 34, ch. 89-282; s. 5, ch. 91-243; s. 395, ch. 95-148; s. 32, ch. 95-333; s. 45, ch. 2012-181; s. 1, ch. 2013-1; s. 4, ch. 2023-40; s. 2, ch. 2023-67.
Notes of Decisions
Cited in 6
cases, 1966–2018 · leading case: State of Florida v. Daryl Miller
State of Florida v. Daryl Miller (2017)
“§§ 322.04(1)(a)-(b), (e), Fla. Stat. (2017).”
Paul Stephens v. Nick Degiovanni, individually (2017)
“" Fla. Stat. § 322.04 (l)(d) (emphasis added).”
Crain v. State (2012)
“031, Florida Statutes (2009) or section 322.04, Florida Statutes (2009), but argues that, because Mr.”
John Eugene Williams, III v. State of Florida (2018)
“031 or section 322.04, Florida Statutes, have a “driving privilege” such that he or she can be convicted under section 322.”
Adams v. Commissioner (1966)
“A nonresident whose children are attending Florida schools is required to have a Florida operator's license and to register his car in the State.”
Marrero v. State (2006)
“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…”
— 322.04(1)(a) — 1 case
State of Florida v. Daryl Miller (2017)
“§§ 322.04(1)(a)-(b), (e), Fla. Stat. (2017).”
— 322.04(1)(c) — 1 case
State of Florida v. Daryl Miller (2017)
“§§ 322.04(1)(a)-(b), (e), Fla. Stat. (2017).”
— 322.04(l)(a) — 1 case
State of Florida v. Daryl Miller (2017)
“§§ 322.04(1)(a)-(b), (e), Fla. Stat. (2017).”
— 322.04(l)(b) — 1 case
Marrero v. State (2006)
“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…”
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