Florida Statute 322.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.07

322.07 Instruction permits and temporary licenses.—

(1) Any person who is at least 18 years of age and who, except for his or her lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a Class E driver license under this chapter, may apply for a temporary instruction permit. The department shall issue such a permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motor vehicle of the type for which a Class E driver license is required upon the highways for a period of 90 days, but, except when operating a motorcycle or moped as defined in s. 316.003, the person must be accompanied by a licensed driver who is 21 years of age or older, who is licensed to operate the class of vehicle being operated, and who is actually occupying the closest seat to the right of the driver.

(2) The department may, in its discretion, issue a temporary permit to an applicant for a Class E driver license permitting him or her to operate a motor vehicle of the type for which a Class E driver license is required while the department is completing its investigation and determination of all facts relative to such applicant’s right to receive a driver license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant’s license has been issued or for good cause has been refused.

(3) Any person who, except for his or her lack of instruction in operating a commercial motor vehicle, would otherwise be qualified to obtain a commercial driver license under this chapter may apply for a temporary commercial instruction permit. The department shall issue such a permit entitling the applicant, while having the permit in his or her immediate possession, to drive a commercial motor vehicle on the highways if:

(a) The applicant possesses a valid Florida driver license;

(b) The applicant, while operating a commercial motor vehicle, is accompanied by a licensed driver who is 21 years of age or older, who is licensed to operate the class of vehicle being operated, and who is occupying the closest seat to the right of the driver; and

(c) The department has not been notified that, under 49 C.F.R. s. 382.501(a), the applicant is prohibited from operating a commercial motor vehicle.

History.—s. 19, ch. 19551, 1939; CGL 1940 Supp. 4151(633); s. 19, ch. 20451, 1941; s. 18, ch. 87-161; s. 4, ch. 88-405; s. 33, ch. 89-282; s. 402, ch. 95-148; s. 10, ch. 96-414; s. 70, ch. 2005-164; s. 15, ch. 2012-128; s. 49, ch. 2012-181; s. 5, ch. 2024-151.

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Amendments to 322.07

Arrestable Offenses / Crimes under Fla. Stat. 322.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.07.

Annotations, Discussions, Cases:

Cases Citing Statute 322.07

Total Results: 7

In Re Senate Joint Resolution 2G

Court: Supreme Court of Florida | Date Filed: 1992-05-13

Citation: 597 So. 2d 276, 1992 WL 97994

Snippet: district is District 26, with a population of 322,007 deviating from the ideal population by 1,441

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-12-12

Snippet: 277, 490 P.2d 1018 (1971). 5 Id. at 321. 6 Id. at 322. 7 431 So.2d 606 (4 D.C.A. Fla., 1983), pet. for rev

Southeastern Builders, Inc. of Alabama v. Joe Brashears Steel, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1976-08-31

Citation: 336 So. 2d 1228, 1976 Fla. App. LEXIS 15431

Snippet: incalculable. See Wood v. Ft. Wayne, 119 U.S. 312, 322, 7 S.Ct. 219, 224, 30 L.Ed. 416, 420 (1886). On remand

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 1966-06-24

Citation: 188 So. 2d 320

Snippet: F.2d 17, 54 A.L.R. 2d 820. [6] See ante, page 322. [7] See Louette v. State, supra. [8] "No person

Slavin v. Kay

Court: Supreme Court of Florida | Date Filed: 1959-01-21

Citation: 108 So. 2d 462

Snippet: v. Somerset, 140 Pa. 70, 21 A. 244, 12 L.R.A. 322. [7] Annotation 13 A.L.R.2d, p. 207-8. Also see Prosser

Pierson v. Bill

Court: Supreme Court of Florida | Date Filed: 1938-07-06

Citation: 182 So. 631, 133 Fla. 81

Snippet: P. 867, 132 A.S.R. 1075; Gaines v. Saunders, 50 322, 7 S.W. 301; Simmons Creek Coal Co. v. Doran,142 U

Sapp v. Warner

Court: Supreme Court of Florida | Date Filed: 1932-04-19

Citation: 144 So. 481, 105 Fla. 245, 141 So. 124

Snippet: 132 A. S. R. 1075; Gaines v. Saunders, 50 Ark. 322, 7 S. W. 301; Simmons Creek Coal Co. v. Doran, 142