Florida Statute 322.04 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 322.04

Arrestable Offenses / Crimes under Fla. Stat. 322.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.04.

Annotations, Discussions, Cases:

Cases Citing Statute 322.04

Total Results: 14

John Eugene Williams, III v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 356

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

State of Florida v. Daryl Miller

Court: Supreme Court of Florida | Date Filed: 2017-09-28

Citation: 227 So. 3d 562

Snippet: driver license issued by their home states. §§ 322.04(1)(c)—(d), Fla. Stat. (2017). Exceptions also exist

Crain v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-24

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

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

Rippy v. Shepard

Court: District Court of Appeal of Florida | Date Filed: 2009-08-06

Citation: 15 So. 3d 921, 2009 Fla. App. LEXIS 11042, 2009 WL 2396316

Snippet: of license taxes, and display of license plate); 322.04, Fla. Stat. (2008) (exempting person temporarily

Marrero v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-02-17

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-11-23

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-12-15

Snippet: Stat., and other related statutes). See also, s.322.04(1)(e), Fla. Stat., exempting from the requirement

Villazon v. Prudential Health Care Plan, Inc.

Court: Supreme Court of Florida | Date Filed: 2003-03-27

Citation: 843 So. 2d 842, 28 Fla. L. Weekly Supp. 267, 2003 Fla. LEXIS 461, 2003 WL 1561528

Snippet: See Hinterlong, 241 Ill.Dec. 860, 720 N.E.2d at 322. [4] The district court in Frappier concluded that

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-01-30

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-09-27

Snippet: authorized to accept credit cards pursuant to s. 215.322(4), F.S. (1988 Supp.), for payment of monetary appearance

Temple v. Temple

Court: District Court of Appeal of Florida | Date Filed: 1988-01-27

Citation: 519 So. 2d 1054, 1988 WL 4054

Snippet: John TEMPLE, Appellee/Cross Appellant. Nos. 4-86-0322, 4-86-0518. District Court of Appeal of Florida, Fourth

Snippet: of the court, our statute, Thompson's Digest, 322, §4, provides that “when any judge shall not attend

Syfert Injury Law Firm