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Florida Statute 322.04 - Full Text and Legal Analysis
Florida Statute 322.04 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.04
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.
(e) A person 18 years of age or older operating a golf cart, as defined in s. 320.01, which is operated in accordance with s. 316.212.
(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.

F.S. 322.04 on Google Scholar

F.S. 322.04 on CourtListener

Amendments to 322.04


Annotations, Discussions, Cases:

Cases Citing Statute 322.04

Total Results: 7

Paul Stephens v. Nick Degiovanni, individually

852 F.3d 1298, 2017 U.S. App. LEXIS 5548, 2017 WL 1174381

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 2017 | Docket: 4658938

Cited 155 times | Published

driver license] in this state." Fla. Stat. § 322.04(l)(d) (emphasis added). 7 . Among

Crain v. State

79 So. 3d 118, 2012 Fla. App. LEXIS 812, 2012 WL 181453

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 2357556

Cited 6 times | Published

section 322.031, Florida Statutes (2009) or section 322.04, Florida Statutes (2009), but argues that,

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

or foreign), and who is not exempt under section 322.04, have a ‘driving privilege’ in the State

Marrero v. State

921 So. 2d 748, 2006 Fla. App. LEXIS 1998, 2006 WL 358233

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 64842513

Published

exempted from that general require*750ment by section 322.04(l)(b), Florida Statutes (2004), which provides

Ago

Florida Attorney General Reports | Filed: Nov 23, 2004 | Docket: 3256515

Published

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

Ago

Florida Attorney General Reports | Filed: Jan 30, 2002 | Docket: 3255552

Published

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

Ago

Florida Attorney General Reports | Filed: Dec 29, 1978 | Docket: 3258477

Published

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