Florida Statutes

Fla. Stat. § 322.05 (2025)

Persons not to be licensed.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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(5) To any person whose license has been suspended, during such suspension, nor to any person whose license has been revoked, until the expiration of the period of revocation imposed under the provisions of this chapter.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

Notes of Decisions

Cited in 7 cases, 1973–2004 · leading case: Godwin v. State, 593 So. 2d 211 (Fla. 1992).

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Godwin v. State, 593 So. 2d 211 (Fla. 1992). · cites it 4× “, § 322.05(5), Fla. Stat. (1989) (restriction on drivers' licenses); § 97.”

Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002). · cites it 2× “89 ("A tanning facility may not allow a minor between the ages of 14 and 18 to use a tanning device unless it has on file a statement signed by the minor's parent or legal guardian stating that the parent or legal guardian has read and understands the warnings given by the…”

State v. J.P., 907 So. 2d 1101 (Fla. 2004). · cites it 2× “, § 322.05(1), Fla. Stat. (2003) (prohibiting minors under 15 from driving, and 15-year-olds from driving unaccompanied by an adult); § 562.”

Ozbourn v. State, 651 So. 2d 795 (Fla. 1st DCA 1995). · cites it 2× “, § 322.05(5), Fla. Stat. (1989) (restriction on drivers' licenses); § 97.”

Fair v. Davis, 283 So. 2d 377 (Fla. 1st DCA 1973). · cites it 2× “Section 322.05(5), Florida Statutes, F.S.”

Thompson v. Dep't of High. Saf. & Motor Vehs., 692 So. 2d 272 (Fla. 5th DCA 1997). · cites it 2× “§ 322.05(8), Fla. Stat. (1995). Finally, the drivers’ licenses chapter is to be “liberally construed to the end that the greatest force and effect may be given to its provisions for the promotion of public safety.”

State v. JP, 907 So. 2d 1101 (Fla. 2004). · cites it 2× “, § 322.05(1), Fla. Stat. (2003) (prohibiting minors under 15 from driving, and 15-year-olds from driving unaccompanied by an adult); § 562.”

— 322.05(1) — 2 cases

State v. J.P., 907 So. 2d 1101 (Fla. 2004). “, § 322.05(1), Fla. Stat. (2003) (prohibiting minors under 15 from driving, and 15-year-olds from driving unaccompanied by an adult); § 562.”

State v. JP, 907 So. 2d 1101 (Fla. 2004). “, § 322.05(1), Fla. Stat. (2003) (prohibiting minors under 15 from driving, and 15-year-olds from driving unaccompanied by an adult); § 562.”

— 322.05(5) — 3 cases

Godwin v. State, 593 So. 2d 211 (Fla. 1992). “, § 322.05(5), Fla. Stat. (1989) (restriction on drivers' licenses); § 97.”

Ozbourn v. State, 651 So. 2d 795 (Fla. 1st DCA 1995). “, § 322.05(5), Fla. Stat. (1989) (restriction on drivers' licenses); § 97.”

Fair v. Davis, 283 So. 2d 377 (Fla. 1st DCA 1973). “Section 322.05(5), Florida Statutes, F.S.”

— 322.05(8) — 1 case

Thompson v. Dep't of High. Saf. & Motor Vehs., 692 So. 2d 272 (Fla. 5th DCA 1997). “§ 322.05(8), Fla. Stat. (1995). Finally, the drivers’ licenses chapter is to be “liberally construed to the end that the greatest force and effect may be given to its provisions for the promotion of public safety.”

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