Florida Statute 322.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.05

322.05 Persons not to be licensed.—The department may not issue a license:

(1) To a person who is under the age of 16 years, except that the department may issue a learner’s driver license to a person who is at least 15 years of age and who meets the requirements of ss. 322.091 and 322.1615 and of any other applicable law or rule.

(2) To a person who is at least 16 years of age but is under 18 years of age unless the person meets the requirements of s. 322.091 and holds a valid:

(a) Learner’s driver license for at least 12 months, with no moving traffic convictions, before applying for a license;

(b) Learner’s driver license for at least 12 months and who has a moving traffic conviction but elects to attend a traffic driving school for which adjudication must be withheld pursuant to s. 318.14; or

(c) License that was issued in another state or in a foreign jurisdiction and that would not be subject to suspension or revocation under the laws of this state.

(3) To a person who is at least 16 years of age but who is under 18 years of age, unless the parent, guardian, or other responsible adult meeting the requirements of s. 322.09 certifies that he or she, or another licensed driver 21 years of age or older, has accompanied the applicant for a total of not less than 50 hours’ behind-the-wheel experience, of which not less than 10 hours must be at night. This subsection is not intended to create a private cause of action as a result of the certification. The certification is inadmissible for any purpose in any civil proceeding.

(4) Except as provided by this subsection, to any person, as a Class A licensee, Class B licensee, or Class C licensee, who is under the age of 18 years.

(5) To any person whose license has been suspended, during such suspension, nor to any person whose license has been revoked, until the expiration of the period of revocation imposed under the provisions of this chapter.

(6) To any person, as a commercial motor vehicle operator, whose privilege to operate a commercial motor vehicle has been disqualified, until the expiration of the period of disqualification.

(7) To any person, as a commercial motor vehicle operator, who is ineligible to operate a commercial motor vehicle pursuant to 49 C.F.R. part 383.

(8) To any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle.

(9) To any person who has been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.

(10) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination.

(11) To any person, when the department has good cause to believe that the operation of a motor vehicle on the highways by such person would be detrimental to public safety or welfare. Deafness alone shall not prevent the person afflicted from being issued a Class E driver license.

(12) To any person who is ineligible under s. 322.056.

(13) To any person, as a commercial motor vehicle operator, who has been convicted of, or has entered a plea of guilty or nolo contendere to, regardless of whether adjudication was withheld, any felony involving human trafficking under state or federal law involving the use of a commercial motor vehicle.

History.—s. 17, ch. 19551, 1939; CGL 1940 Supp. 4151(631); s. 17, ch. 20451, 1941; s. 2, ch. 21949, 1943; s. 4, ch. 29721, 1955; s. 1, ch. 67-174; ss. 24, 35, ch. 69-106; s. 6, ch. 78-394; ss. 1, 7, ch. 89-112; s. 17, ch. 89-282; s. 6, ch. 90-265; ss. 3, 4, ch. 93-144; s. 396, ch. 95-148; s. 1, ch. 96-414; s. 14, ch. 97-234; s. 3, ch. 2000-239; s. 10, ch. 2001-196; s. 68, ch. 2005-164; s. 40, ch. 2006-290; s. 6, ch. 2017-8; s. 82, ch. 2019-167; s. 11, ch. 2021-187; s. 4, ch. 2024-151.

F.S. 322.05 on Google Scholar

F.S. 322.05 on Casetext

Amendments to 322.05

Arrestable Offenses / Crimes under Fla. Stat. 322.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.05.

Annotations, Discussions, Cases:

Cases Citing Statute 322.05

Total Results: 20

Teresa Moon-Vileno, an individual, and Deborah Lynn Felty, an individual v. Florida Association of Court Clerks, Inc., a Florida Not for Profit Corporation, FACC

Court: District Court of Appeal of Florida | Date Filed: 2024-01-24

Snippet: declaratory judgment that Appellees violated section 215.322(5), Florida Statutes. The complaint asserted

State v. Traylor

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 77 So. 3d 224, 2011 Fla. App. LEXIS 20494, 2011 WL 6438004

Snippet: on a false statement in violation of section 655.0322(5), Florida Statutes (2005), stemmed from mortgages

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-06-12

Snippet: 04-66 (2004), and 03-30 (2003). 3 Section 215.322(5), Fla. Stat.

Behl v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-03-16

Citation: 898 So. 2d 217, 2005 WL 596984

Snippet: and the maximum prison months should have been 322.5 (26.875 years), rather than 337.5 (28.125 years)

State v. J.P.

Court: Supreme Court of Florida | Date Filed: 2004-11-18

Citation: 907 So. 2d 1101, 2004 Fla. LEXIS 2529

Snippet: in the same activities as adults. See, e.g., § 322.05(1), Fla. Stat. (2003) (prohibiting minors under

State v. JP

Court: Supreme Court of Florida | Date Filed: 2004-11-18

Citation: 907 So. 2d 1101, 2004 WL 3404162

Snippet: in the same activities as adults. See, e.g., § 322.05(1), Fla. Stat. (2003) (prohibiting minors under

Raulerson v. State

Court: Supreme Court of Florida | Date Filed: 2000-07-13

Citation: 763 So. 2d 285, 2000 WL 963827

Snippet: counted as a conviction for the purpose of Chapter 322.[5] The legislature remedied this anomaly in 1990

State v. Gitto

Court: District Court of Appeal of Florida | Date Filed: 1999-04-30

Citation: 731 So. 2d 686, 1998 WL 335787

Snippet: presentence investigation has occurred. 826 S.W.2d at 322. [5] See also State v. Kennedy, 698 So.2d 349 (Fla

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-07-14

Snippet: in Attorney General Opinion 98-09, section 215.322(5), Florida Statutes, authorizes the clerk's office

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-02-05

Snippet: costs or other similar fees? In sum: Section 215.322(5), Florida Statutes, authorizes local governments

Thompson v. Department of Highway Safety & Motor Vehicles

Court: District Court of Appeal of Florida | Date Filed: 1997-04-25

Citation: 692 So. 2d 272, 1997 Fla. App. LEXIS 4315, 1997 WL 199189

Snippet: be detrimental to public safety or welfare.... § 322.05(8), Fla. Stat. (1995). Finally, the drivers’ licenses

Ozbourn v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-03-09

Citation: 651 So. 2d 795, 1995 WL 93822

Snippet: person's privileges and opportunities. See, e.g., § 322.05(5), Fla. Stat. (1989) (restriction on drivers'

Stokes v. Huggins Construction Co.

Court: District Court of Appeal of Florida | Date Filed: 1993-11-17

Citation: 626 So. 2d 327, 1993 Fla. App. LEXIS 11521

Snippet: Artificial Construction or Obstruction,” 5 ALR2d 302, p. 322-5, (1949), which states as follows: Whether the injury

Godwin v. State

Court: Supreme Court of Florida | Date Filed: 1992-01-02

Citation: 593 So. 2d 211, 1992 WL 4452

Snippet: person's privileges and opportunities. See, e.g., § 322.05(5), Fla. Stat. (1989) (restriction on drivers'

Florida Department of Highway Safety & Motor Vehicles, Division of Licensing v. Weinstein

Court: District Court of Appeal of Florida | Date Filed: 1981-03-25

Citation: 395 So. 2d 1233, 1981 Fla. App. LEXIS 19005

Snippet: 906, 55 L.Ed.2d 65 (1978). Pursuant to Sections 322.05(3) and 322.44, Florida Statutes (1977), the appellant

Myers v. Hawkins

Court: Supreme Court of Florida | Date Filed: 1978-09-14

Citation: 362 So. 2d 926

Snippet: Att'y Gen. Fla. 076-242 (Dec. 22, 1976). [7] § 112.322(5), Fla. Stat. (1975), now appearing as § 112.322(6)

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-03-01

Snippet: regarding drivers' licensing pursuant to chapter 322; 5. Hearings within the Division of Family Services

Fair v. Davis

Court: District Court of Appeal of Florida | Date Filed: 1973-10-04

Citation: 283 So. 2d 377, 1973 Fla. App. LEXIS 6634

Snippet: incompetent and not yet restored to competency. Section 322.05(5), Florida Statutes, F.S.A. Although petitioner

Farrey ex rel. Farrey v. Bettendorf

Court: District Court of Appeal of Florida | Date Filed: 1960-10-13

Citation: 123 So. 2d 558

Snippet: with reference to alleged violations of Sections 322.05(1) and 322.16(2), Florida Statutes, F.S.A., we

Carnegie v. Department of Public Safety

Court: Supreme Court of Florida | Date Filed: 1952-10-14

Citation: 60 So. 2d 728, 1952 Fla. LEXIS 1431

Snippet: April 14th letter that "There is another section, 322.05, Florida Statutes, F.S.A., which prohibits the