Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 322.05 - Full Text and Legal Analysis
Florida Statute 322.05 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 322.05 Case Law from Google Scholar Google Search for Amendments to 322.05

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
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(5) To any person whose license has been suspended, during such suspension, nor to any person whose license has been revoked, until the expiration of the period of revocation imposed under the provisions of this chapter.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 CourtListener

Amendments to 322.05


Annotations, Discussions, Cases:

Cases Citing Statute 322.05

Total Results: 9

Godwin v. State

593 So. 2d 211, 1992 WL 4452

Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1447514

Cited 93 times | Published

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

State v. JP

907 So. 2d 1101, 2004 WL 3404162

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 459350

Cited 34 times | Published

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

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

See Fla. Stat. § 499.039. [55] See Fla. Stat. § 322.05. [56] See Fla. Stat. § 381.89 ("A tanning facility

Carnegie v. Department of Public Safety

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

Supreme Court of Florida | Filed: Oct 14, 1952 | Docket: 1507683

Cited 11 times | Published

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

State v. J.P.

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

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 64839724

Cited 7 times | Published

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

Ozbourn v. State

651 So. 2d 795, 1995 WL 93822

District Court of Appeal of Florida | Filed: Mar 9, 1995 | Docket: 1518164

Cited 5 times | Published

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

Lee A. Ray and Nancy J. Ray v. The Florida Cabinet

845 F.2d 311, 1988 U.S. App. LEXIS 6519, 1988 WL 40212

Court of Appeals for the Eleventh Circuit | Filed: May 18, 1988 | Docket: 979921

Cited 3 times | Published

classification[s], determinations, [and] policies.” 33 C.F.R. § 322.5(d) (1977). Martin County advised the Corps

Thompson v. Department of Highway Safety & Motor Vehicles

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

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 64772625

Published

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

Fair v. Davis

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

District Court of Appeal of Florida | Filed: Oct 4, 1973 | Docket: 64534586

Published

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