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: District Court of Appeal of Florida | Date Filed: 2023-07-19

Snippet: contract.” Brenner, 27 N.W.2d at 322. 9

Hernandez Sr. v. Hernandez

Court: District Court of Appeal of Florida | Date Filed: 2017-09-06

Citation: 230 So. 3d 119

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

Bloch v. Del Rey

Court: District Court of Appeal of Florida | Date Filed: 2016-10-26

Citation: 208 So. 3d 189, 2016 Fla. App. LEXIS 15905

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: Supreme Court of Florida | Date Filed: 2003-07-10

Citation: 866 So. 2d 612, 2003 WL 21546546

Snippet: are impacted. Driver's license provisions, see § 322.09, Fla. Stat. (2002), body piercing, see § 381.0075(7)

Aurbach v. Gallina

Court: Supreme Court of Florida | Date Filed: 2000-02-03

Citation: 753 So. 2d 60, 2000 WL 124392

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

Koebler v. Kieffer

Court: District Court of Appeal of Florida | Date Filed: 1993-04-02

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: District Court of Appeal of Florida | Date Filed: 1990-09-12

Citation: 566 So. 2d 901, 1990 WL 129692

Snippet: the insured's vicarious liability under section 322.09(2), Florida Statutes (1989).[1] We agree and reverse

Lay v. Suggs

Court: District Court of Appeal of Florida | Date Filed: 1990-04-19

Citation: 559 So. 2d 740, 1990 Fla. App. LEXIS 2652, 1990 WL 45546

Snippet: she was 15 years old in accordance with section 322.09, Florida Statutes (1985). Subsection (2) of the

Brown v. Champeau

Court: District Court of Appeal of Florida | Date Filed: 1989-02-02

Citation: 537 So. 2d 1120, 1989 WL 6420

Snippet: caused by his negligence in accordance with section 322.09, Florida Statutes (1981).[1] The son, Philip Champeau

Naranjo v. Gwinn

Court: District Court of Appeal of Florida | Date Filed: 1988-03-22

Citation: 522 So. 2d 97, 13 Fla. L. Weekly 746, 1988 Fla. App. LEXIS 1150, 1988 WL 23452

Snippet: present evidence to support his allegations. § 322.09, Fla.Stat. (1981). Affirmed.

Hartford Acc. and Indem. Co. v. Ocha

Court: District Court of Appeal of Florida | Date Filed: 1985-07-24

Citation: 472 So. 2d 1338, 10 Fla. L. Weekly 1798

Snippet: as to Parker's statutory liability under section 322.09, Florida Statutes (1979)[1] for his child's misconduct

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

Court: District Court of Appeal of Florida | Date Filed: 1985-02-28

Citation: 466 So. 2d 338, 10 Fla. L. Weekly 544

Snippet: driver's license, an adult must sign for him. § 322.09, Fla. Stat. (1981).[1] The son had an accident

Ruiz v. Ruiz

Court: District Court of Appeal of Florida | Date Filed: 1983-02-22

Citation: 427 So. 2d 298

Snippet: for summary judgment, properly applied section 322.09, Florida Statutes (1979). We conclude that the

Allstate Ins. Co. v. Caronia

Court: District Court of Appeal of Florida | Date Filed: 1981-03-24

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: District Court of Appeal of Florida | Date Filed: 1981-01-07

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: District Court of Appeal of Florida | Date Filed: 1978-01-24

Citation: 354 So. 2d 429

Snippet: coverage for the insured's liability under Section 322.09, Florida Statutes (1975), whereby the insured may

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-09-29

Snippet: such person for a driver's license pursuant to s. 322.09(1)(a) and (3), F. S., on behalf of such agency

Lamos v. Consolidated Mutual Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 1973-03-06

Citation: 274 So. 2d 552, 1973 Fla. App. LEXIS 7169

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: District Court of Appeal of Florida | Date Filed: 1970-04-10

Citation: 234 So. 2d 11, 1970 Fla. App. LEXIS 6465

Snippet: Section 322.09(1) (a), and such person thereby assumes the obligations imposed by FS Section 322.-09(3),

Gracie v. Deming

Court: District Court of Appeal of Florida | Date Filed: 1968-08-09

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