Florida Statute 322.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.09

322.09 Application of minors; responsibility for negligence or misconduct of minor.—

(1)(a) The application of any person under the age of 18 years for a driver license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian; by a secondary guardian if the primary guardian dies before the minor reaches 18 years of age; or, if there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. This section does not apply to a person under the age of 18 years who is emancipated by marriage.

(b) There shall be submitted with each application a certified copy of a United States birth certificate, a valid United States passport, an alien registration receipt card (green card), an employment authorization card issued by the United States Department of Homeland Security, or proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original license.

(2) Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.

(3) The department may not issue a driver license or learner’s driver license to any applicant under the age of 18 years who is not in compliance with the requirements of s. 322.091.

(4) Notwithstanding subsections (1) and (2), if a caregiver of a minor who is under the age of 18 years and is in out-of-home care as defined in s. 39.01, an authorized representative of a residential group home at which such a minor resides, the caseworker at the agency at which the state has placed the minor, or a guardian ad litem specifically authorized by the minor’s caregiver to sign for a learner’s driver license signs the minor’s application for a learner’s driver license, that caregiver, group home representative, caseworker, or guardian ad litem does not assume any obligation or become liable for any damages caused by the negligence or willful misconduct of the minor by reason of having signed the application. Before signing the application, the caseworker, authorized group home representative, or guardian ad litem shall notify the caregiver or other responsible party of his or her intent to sign and verify the application.

(5) Notwithstanding the provisions of subsections (1) and (2), a caseworker at the agency at which the state has placed a minor in foster care may sign the minor’s application for a driver license pursuant to a court-approved transition plan. Before signing the application, the caseworker shall notify the foster parent or other responsible party of the intent to sign and verify the application. The caseworker does not assume any obligation or become liable for any damages caused by the negligence or willful misconduct of the minor by reason of having signed the application.

History.—s. 21, ch. 19551, 1939; CGL 1940 Supp. 4151(635); s. 21, ch. 20451, 1941; s. 1, ch. 29671, 1955; s. 1, ch. 77-373; s. 9, ch. 78-394; ss. 3, 7, ch. 89-112; ss. 3, 4, ch. 93-144; s. 2, ch. 96-414; s. 15, ch. 97-234; s. 75, ch. 99-248; s. 1, ch. 2001-83; s. 29, ch. 2004-5; s. 72, ch. 2005-164; s. 1, ch. 2007-147; s. 4, ch. 2017-8; s. 14, ch. 2018-103; s. 45, ch. 2019-3; s. 54, ch. 2024-70.

F.S. 322.09 on Google Scholar

F.S. 322.09 on Casetext

Amendments to 322.09

Arrestable Offenses / Crimes under Fla. Stat. 322.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.09.

Annotations, Discussions, Cases:

Cases Citing Statute 322.09

Total Results: 20

THE BLIND MONK, LLC v. 410 EVERNIA STREET PARTNERS, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-19T00:00:00-07:00

Snippet: contract.” Brenner, 27 N.W.2d at 322. 9 22-0569 District

Hernandez Sr. v. Hernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-06T00:00:00-07:00

Citation: 230 So. 3d 119

Snippet: by the Ward and Antonio, Jr., and then use $222,322.09 of the transferred funds to complete a cash purchase

Bloch v. Del Rey

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-26T00:00:00-07:00

Citation: 208 So. 3d 189

Snippet: Section 8, Florida Constitution, and by Section 112.322(9), F.S., to adopt rules interpreting the disclosures

NORTH FLA. WOMEN'S HEALTH SERVICES v. State

Court: Fla. | Date Filed: 2003-07-10T00:00:00-07:00

Citation: 866 So. 2d 612

Snippet: impacted. Driver's license provisions, see § 322.09, Fla. Stat. (2002), body piercing, see § 381.0075

Aurbach v. Gallina

Court: Fla. | Date Filed: 2000-02-03T00:00:00-08:00

Citation: 753 So. 2d 60

Snippet: conditional sale or bailment. Pursuant to section 322.09(2), Florida Statutes (1997), the parent who signs

Koebler v. Kieffer

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-02T00:00:00-08:00

Citation: 621 So. 2d 681, 1993 Fla. App. LEXIS 3653, 1993 WL 95671

Snippet: minor daughter while she was driving her car. § 322.09(b)(2), Fla.Stat. (1989). Ms. Koebler sued the Kieffers

State Farm Mut. Auto. Ins. Co. v. Swetokos

Court: Fla. Dist. Ct. App. | Date Filed: 1990-09-12T00:53:00-07:00

Citation: 566 So. 2d 901

Snippet: insured's vicarious liability under section 322.09(2), Florida Statutes (1989).[1] We agree and reverse…liable for the negligence of his son under section 322.09(2). Appellant filed a declaratory action arguing

Lay v. Suggs

Court: Fla. Dist. Ct. App. | Date Filed: 1990-04-19T00:00:00-07:00

Citation: 559 So. 2d 740

Snippet: believe that section . 322.09 changes that concept. The last sentence of subsection 322.-09(l)(a) states that…sentence of section 322.09(l)(a) indicates to us that the applicability of section 322.09 to a particular …she was 15 years old in accordance with section 322.09, Florida Statutes (1985). Subsection (2) of the… driver’s license. Subsection (l)(a) of section 322.09 indicates that the “section” is not applicable …driver’s license application pursuant to section 322.09 for driving acts of the minor performed after the

Brown v. Champeau

Court: Fla. Dist. Ct. App. | Date Filed: 1989-02-01T23:53:00-08:00

Citation: 537 So. 2d 1120

Snippet: caused by his negligence in accordance with section 322.09, Florida Statutes (1981).[1] The son, Philip Champeau…DANIEL and GOSHORN, JJ., concur. NOTES [1] Section 322.09, Florida Statutes (1981) provides: Application

Naranjo v. Gwinn

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-22T00:00:00-08:00

Citation: 522 So. 2d 97

Snippet: present evidence to support his allegations. § 322.09, Fla.Stat. (1981). Affirmed. No. 87-262

Hartford Acc. and Indem. Co. v. Ocha

Court: Fla. Dist. Ct. App. | Date Filed: 1985-07-24T00:53:00-07:00

Citation: 472 So. 2d 1338

Snippet: Otis under section 322.09 was improperly stricken. Ocha relies both on section 322.09 and on Mercury Motors…damages. NOTES [1] Section 322.09, Florida Statutes (1979), states: 322.09 Application of minors. (… Parker's statutory liability under section 322.09, Florida Statutes (1979)[1] for his child's…employer's part. Ocha claims that since section 322.09 provides that "willful misconduct" of…;s liability for punitive damages under section 322.09 is an important one that should be resolved on

Boudreau v. GEN. ACC. FIRE & LIFE INS.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-02-27T23:53:00-08:00

Citation: 466 So. 2d 338

Snippet: driver's license, an adult must sign for him. § 322.09, Fla. Stat. (1981).[1] The son had an accident …that this gap in coverage be closed. NOTES [1] § 322.09, Fla. Stat. (1981) provides: Application of minors

Ruiz v. Ruiz

Court: Fla. Dist. Ct. App. | Date Filed: 1983-02-21T23:53:00-08:00

Citation: 427 So. 2d 298

Snippet: for summary judgment, properly applied section 322.09, Florida Statutes (1979). We conclude that the …signing the application in accordance with section 322.09, Florida Statutes (1979).[1] In 1980, while Maria… for injuries. Jose answered and raised section 322.09(2), Florida Statutes (1979), as an affirmative …, notwithstanding the plain language of section 322.09(2), a proper construction of the statute would …otherwise judgment-proof minors when it enacted section 322.09(2). By its terms the statute imputes the negligence

Allstate Ins. Co. v. Caronia

Court: Fla. Dist. Ct. App. | Date Filed: 1981-03-23T23:53:00-08:00

Citation: 395 So. 2d 1221

Snippet: motor vehicle license executed pursuant to Section 322.09 Florida Statutes (1975), Caronia, Jr. being under

Quest v. Joseph

Court: Fla. Dist. Ct. App. | Date Filed: 1981-01-06T23:53:00-08:00

Citation: 392 So. 2d 256

Snippet: himself. See, e.g., § 790.22, Fla. Stat. (1979); § 322.09(2), Fla.Stat (1979). [5] These include the undesirability

Quinn v. Gorman

Court: Fla. Dist. Ct. App. | Date Filed: 1978-01-23T23:53:00-08:00

Citation: 354 So. 2d 429

Snippet: Florida Statute 322.09. The appellant contends that public policy mandates that Section 322.09 be made a part…coverage for the insured's liability under Section 322.09, Florida Statutes (1975), whereby the insured may

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-09-29T00:53:00-07:00

Snippet: operator's license under s. 322.09(1)(a) and assume liability under s. 322.09(3) for any negligence or willful…person for a driver's license pursuant to s. 322.09(1)(a) and (3), F. S., on behalf of such agency …instruction permit or operator's license under s. 322.09(1)(a), F. S., if neither parent of such minor is…association, the members thereof, liable under s. 322.09(3), F. S., for any negligence or willful misconduct…and on behalf of such child care agency. Section 322.09(1)(a), F. S., provides: The application of

Lamos v. Consolidated Mutual Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 1973-03-05T23:53:00-08:00

Citation: 274 So. 2d 552

Snippet: permit to drive a motor vehicle, pursuant to § 322.09, Fla. Stat.[1] F.S.A. We affirm. We find the exclusion

Farrier ex rel. Farrier v. Thompson

Court: Fla. Dist. Ct. App. | Date Filed: 1970-04-10T00:00:00-08:00

Citation: 234 So. 2d 11

Snippet: Section 322.09(1) (a), and such person thereby assumes the obligations imposed by FS Section 322.-09(3), …legislature in promulgating F.S. Sections 322.09(1) (a), 322.09(3) and 322.10, F.S.A., was to place responsibility… application for said minor’s license.” Section 322.09(1) (a), Florida Statutes, F.S.A. requires that …may sign alone. F.S. Subparagraph (3) of Section 322.09, F.S. A., imputes to the person or head of the …who signs the application imposed by F.S. Section 322.09(3), F.S.A., upon the expiration of the license.

Gracie v. Deming

Court: Fla. Dist. Ct. App. | Date Filed: 1968-08-09T00:53:00-07:00

Citation: 213 So. 2d 294

Snippet: negligence by virtue of Florida Statute § 322.09, F.S.A. Section 322.09 provides, first, that an application…the intent of the legislature in promulgating § 322.09 was both to promote the public safety in the operation…accept the obligation imposed. Florida Statutes § 322.09(1), F.S.A. Moreover, under Florida Statutes § 322.11… on the financial responsibility provision of § 322.09. Section 743.03, F.S.A., reads as follows: "…primary intention of the legislature in enacting § 322.09. *296 Participation in the ceremony of marriage