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Florida Statute 322.05 - Full Text and Legal Analysis
Florida Statute 322.05 | Lawyer Caselaw & Research
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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
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(5) To any person whose license has been suspended, during such suspension, nor to any person whose license has been revoked, until the expiration of the period of revocation imposed under the provisions of this chapter.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.

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Amendments to 322.05


Annotations, Discussions, Cases:

Cases Citing Statute 322.05

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Godwin v. State, 593 So. 2d 211 (Fla. 1992).

Cited 93 times | Published | Supreme Court of Florida | 1992 WL 4452

...ts right to impose a lien. We recognize that other consequences may follow an involuntary commitment under The Baker Act, such as the stigma that society may attach, as well as some restrictions on a person's privileges and opportunities. See, e.g., § 322.05(5), Fla....
...Persons adjudged to be incompetent may not register to vote, section 97.041(3)(a), Florida Statutes (1989), and may be stripped of their voter registration by court order. § 744.3215(2)(b), Fla. Stat. (Supp. 1990). They may not register for a drivers' license, section 322.05(5), Florida Statutes (1989), and a court may confiscate any such license previously given them....
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State v. JP, 907 So. 2d 1101 (Fla. 2004).

Cited 34 times | Published | Supreme Court of Florida | 2004 WL 3404162

...See Carey v. Population Servs. Int'l, 431 U.S. 678, 693 n. 15, 97 S.Ct. 2010, 52 L.Ed.2d 675 (1977) (plurality opinion). Florida laws, like those of other states, regularly prohibit minors from engaging in the same activities as adults. See, e.g., § 322.05(1), Fla....
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Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002).

Cited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

..."). [48] See Fla. Stat. § 24.1055. [49] See Fla. Stat. § 849.0931. [50] See Fla. Stat. § 849.085. [51] See Fla. Stat. § 550.0425. [52] See Fla. Stat. § 548.069. [53] See Fla. Stat. § 316.2065 [54] See Fla. Stat. § 499.039. [55] See Fla. Stat. § 322.05....
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Carnegie v. Dep't of Pub. Saf., 60 So. 2d 728 (Fla. 1952).

Cited 11 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1431

..."upon a showing by its records or other sufficient evidence that the licensee has done one or more of several acts, one of which is, `Incompetent to drive a motor vehicle.'" It was also stated in the April 14th letter that "There is another section, 322.05, Florida Statutes, F.S.A., which prohibits the issuance of a driver's license by the Department of Public Safety to certain persons, one of which is, `to any person, when the director has good cause to believe that the operation of a motor veh...
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State v. J.P., 907 So. 2d 1101 (Fla. 2004).

Cited 7 times | Published | Supreme Court of Florida | 2004 Fla. LEXIS 2529

engaging in the same activities as adults. See, e.g., § 322.05(1), Fla. Stat. (2003) (prohibiting minors under
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Ozbourn v. State, 651 So. 2d 795 (Fla. 1st DCA 1995).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 93822

...ded a finding of mootness: We recognize that other consequences may follow an involuntary commitment under The Baker Act, such as the stigma that society may attach, as well as some restrictions on a person's privileges and opportunities. See, e.g., § 322.05(5), Fla....
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Lee A. Ray & Nancy J. Ray v. The Florida Cabinet, 845 F.2d 311 (11th Cir. 1988).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 6519, 1988 WL 40212

classification[s], determinations, [and] policies.” 33 C.F.R. § 322.5(d) (1977). Martin County advised the Corps
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Fair v. Davis, 283 So. 2d 377 (Fla. Dist. Ct. App. 1973).

Published | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6634

...The authority to suspend a driver’s license upon such adjudication is found in Section 322.27, Florida Statutes, F.S.A., and Section 322.27(1) (c). Such licenses may not initially be issued to persons who have been adjudicated incompetent and not yet restored to competency. Section 322.05(5), Florida Statutes, F.S.A....
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Thompson v. Dep't of High. Saf. & Motor Vehs., 692 So. 2d 272 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 4315, 1997 WL 199189

...§ 322.18(7)(a), Fla. Stat. (1995). It shall not issue any license (8) 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.... § 322.05(8), Fla....

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