CopyCited 55 times | Published | Supreme Court of Florida | 2003 WL 21546546
...There is no question that the provisions of nearly every statute in existence reflect differing policy and theoretical judgments. The majority demands *667 legislative consistency, but fails to consider that many areas of Florida law do require parental involvement when minors are impacted. Driver's license provisions, see § 322.09, Fla....
CopyCited 41 times | Published | Supreme Court of Florida | 2000 WL 124392
...Further, under existing Florida statutory law, there is only one instance where a parent can be held vicariously liable for his or her child's negligent operation of a motor vehicle absent an identifiable property interest in the vehicle, such as ownership, rental, lease, conditional sale or bailment. Pursuant to section 322.09(2), Florida Statutes (1997), the parent who signs the driver's license application for a minor child can be held vicariously liable for the child's negligent operation of a motor vehicle....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...1955) which deal with the parent's duty to control his child so as to prevent the child from harming another, are not directly related to this issue. Nor are those which impose vicarious responsibility upon the parent for the torts of the child himself. See, e.g., §
790.22, Fla. Stat. (1979); §
322.09(2), Fla.Stat (1979)....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...ce on the part of Ingrid Freybe Deming, that resulted in an automobile accident and injuries to appellant Bruce Robert Gracie. In addition, the complaint alleged the vicarious liability of Hans Freybe for this negligence by virtue of Florida Statute § 322.09, F.S.A. Section 322.09 provides, first, that an application by a person under eighteen for a driver's license must be signed by the parents or guardian of the applicant, or some other responsible person, and second, that any negligence or willful misconduct...
...The lower court granted Freybe's motion and this appeal ensued. We feel the trial judge erred in granting the motion to dismiss, and, therefore, reverse. Although no cases exist on point, it seems clear that the intent of the legislature in promulgating § 322.09 was both to promote the public safety in the operation of motor vehicles and to fix a method of insuring the financial responsibility of minor drivers licensed to operate motor vehicles....
...This design is suggested by the language of the act providing that if the minor has no parent or guardian, he can secure a license only by obtaining the signature of his employer or some other responsible person willing to accept the obligation imposed. Florida Statutes § 322.09(1), F.S.A....
...ature of another responsible person, is filed. It seems, therefore, that financial responsibility lies at the heart of the statute. The point in issue concerns the effect of the marriage of a minor female on the financial responsibility provision of § 322.09....
...is filed removes the liability of the person who agreed to accept financial responsibility for her negligence by signing her application for an operator's license. To hold otherwise would subvert the primary intention of the legislature in enacting § 322.09....
...Woolley, Fla.App. 1966,
189 So.2d 217. Thus, we are compelled to hold in the instant case that the marriage of the minor female defendant, Ingrid Freybe Deming, did not by virtue of § 743.03, F.S.A., relieve her father of the liability imposed by §
322.09, F.S.A. It should be noted that we offer no opinion as to the effect of the marriage of minor females prior to the accrual of a cause of action on §
322.09 liability, since that question is not before us....
CopyCited 9 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 5047, 1991 WL 57908
...In addition, "at this stage of the litigation [the court] must accept [plaintiffs'] allegations as true." Hishon v. King & Spalding,
467 U.S. 69, 73,
104 S.Ct. 2229, 2232,
81 L.Ed.2d 59 (1984). COUNT IV (Imputed Parental Liability) Count IV of plaintiffs' complaint asserts a claim for imputed negligence pursuant to Fla.Stat. §
322.09 or, in the alternative, the applicability of CGSA 14-36(d)(1). Fla.Stat. §
322.09(1)(a) and (2) provide: [t]he application of any person under the age of 18 years for an instructor's permit or driver's license shall be signed and verified before a person authorized to administer oaths by the father, mother, or guardian o...
...iew that liability should extend to minors who drive within the State of Florida no matter where their driving privileges have originated. In Hartford Acc. & Indem. Co. v. Ocha,
472 So.2d 1338, 1342 (Fla. 4th DCA 1985), the court held that Fla.Stat. §
322.09 will be strictly construed. Therefore, the court must look to the wording of the statute for guidance. The court construes Fla.Stat. §
322.09 to apply only to persons who sign applications for driver's licenses or permits in Florida....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1798
...Otis Parker, III, and his insurance carrier, Hartford Accident & Indemnity Co., appeal a final judgment in favor of the appellee, Dolores Ocha, claiming error in the trial court's denial of their motion for directed verdict as to Parker's statutory liability under section 322.09, Florida Statutes (1979) [1] for his child's misconduct in operating a motor vehicle....
...no rule of law that punitive damages must bear some reasonable relationship to compensatory damages. We follow that holding here and remand for a trial on punitive damages only. Ocha also claims that her claim for punitive damages against Otis under section 322.09 was improperly stricken. Ocha relies both on section 322.09 and on Mercury Motors Express, Inc....
...Under Mercury Motors an employer may be held vicariously liable for punitive damages under the doctrine of respondeat superior, if there is proof of egregious conduct on the part of the employee and proof of some fault on the employer's part. Ocha claims that since section 322.09 provides that "willful misconduct" of the minor should be imputed to the person signing, the parent is equally liable for any punitive damages that could be assessed against the child: (2) Any negligence or willful misconduct of a mino...
...upy the opposite table himself. Accordingly, we affirm in part, reverse in part, and remand this cause for a new trial on the issue of Brian's liability for punitive damages. We agree that the issue of a parent's liability for punitive damages under section 322.09 is an important one that should be resolved on a statewide basis. Hence, we certify the following as a question of great public importance: MAY A PARENT BE HELD LIABLE FOR PUNITIVE DAMAGES BASED UPON THE PROVISIONS OF SECTION 322.09, FLORIDA STATUTES? AFFIRMED in part, REVERSED in part, and REMANDED....
...with the following single exception. I respectfully dissent as to the majority holding that Ocha's claim for punitive damages was properly stricken. In my opinion that claim should be reinstated and tried. This view is based on the very language of section 322.09(2), Florida Statutes (1983), and particularly, subsection (2) thereof: (1)(a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified before a person authorized...
...For some insight into the operation and purposes behind the statute see Ruiz v. Ruiz,
427 So.2d 298 (Fla. 3d DCA 1983); Farrier v. Thompson,
234 So.2d 11 (Fla. 4th DCA 1970); and Gracie v. Deming,
213 So.2d 294 (Fla. 2d DCA 1968). For these reasons I would reinstate Ocha's claim for punitive damages. NOTES [1] Section
322.09, Florida Statutes (1979), states:
322.09 Application of minors....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...gally operating said Ford automobile under a Florida Operator's license obtained for him by virtue of the assumption of civil liability on the part of the defendants, by signing his application for an operator's license pursuant to the provisions of Section 322.09, Florida Statutes, F.S.A....
...That the Defendants are the natural parents of John Theron Workman. The Defendants each executed the application for their said child's Florida operators license, thus assuming their said child's civil liability arising out of his operation of any motor vehicle pursuant *667 to the provisions of Section 322.09, Florida Statutes....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...of Huebner, Shaw & Bunnell, P.A., Fort Lauderdale, for appellee Travelers. ANSTEAD, Judge. This is an appeal from a final summary judgment holding that a policy of insurance provided by the appellee, Travelers Indemnity Company, to its insured, Ann Morey, did not provide coverage for the insured's liability under Section 322.09, Florida Statutes (1975), whereby the insured may be liable for her daughter's negligence because of co-signing the minor daughter's application for a driver's license....
...Morey under a liability policy which by its terms covered Mrs. Morey and residents of her household for accidents involving anyone's authorized use of Mrs. Morey's automobile and Mrs. Morey's use of any automobile. There was no coverage provided in the policy for Mrs. Morey's liability under Florida Statute 322.09. The appellant contends that public policy mandates that Section 322.09 be made a part of Travelers' policy as a matter of law for otherwise there will be no insurance coverage in this case....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 6420
...Hendrick,
177 So.2d 1 (Fla. 1965). Facts giving rise to this legal quandary originated when Charlotte Boudreau signed an application for her minor son's driver's license, thereby agreeing to be jointly liable for any damages caused by his negligence in accordance with section
322.09, Florida Statutes (1981)....
...the 1982 accident wherein Philip Champeau's negligence caused injury to Michael Brown. REVERSED AND REMANDED for further proceedings consistent with this opinion. SHARP, C.J., and DAUKSCH, ORFINGER, COWART, DANIEL and GOSHORN, JJ., concur. NOTES [1] Section 322.09, Florida Statutes (1981) provides: Application of minors....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and John W. Wylie, Miami, for appellees. Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ. JORGENSON, Judge. The single issue presented by this appeal is whether the trial court, in granting the defendant's motion for summary judgment, properly applied section 322.09, Florida Statutes (1979)....
...Maria Ruiz, the plaintiff below, was the former spouse of Jose Ruiz, the defendant below. Their marriage was dissolved in 1978. A minor child of the marriage, Beatriz Ruiz, obtained a driver's license from the state of Florida, Maria signing the application in accordance with section 322.09, Florida Statutes (1979)....
...[1] In 1980, while Maria was a passenger in her former husband's car, which was being operated by Beatriz, [2] an accident occurred in which Maria was injured and it was alleged that Beatriz was negligent. Maria sued her former husband for injuries. Jose answered and raised section 322.09(2), Florida Statutes (1979), as an affirmative defense. Jose then moved for summary judgment, which was granted. This appeal followed. Maria contends that, notwithstanding the plain language of section 322.09(2), a proper construction of the statute would permit her to recover from her former husband....
...Deming,
213 So.2d 294 (Fla. 2d DCA 1968), and Farrier v. Thompson,
234 So.2d 11 (Fla. 4th DCA 1970). While we agree with those cases, they are of no help to the appellant. The legislature fixed responsibility for otherwise judgment-proof minors when it enacted section
322.09(2)....
...le. In my view, the conclusion that by endorsing the minor's license application, Maria Ruiz is not only responsible for injuries to others, but for injuries to herself caused by the minor's negligent driving, is, however, bolstered by the fact that Section 322.09 is not merely a law to assure that the minor will be financially responsible for injuries to others caused by the minor's deficient driving....
...While the remedial goal would be satisfied by allowing Maria Ruiz to recover from the owner's insurer, the prophylactic goal can only be satisfied by enforcing the unequivocal and unrelenting language of the statute. [3] NOTES [1] The pertinent portions of section 322.09, Florida Statutes (1979), are as follows: (1)(a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified before a person authorized to administer oaths by the f...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1990 WL 129692
...Appellant, State Farm Mutual Automobile Insurance Company ("State Farm"), appeals from a final summary judgment and contends that the trial court erred in concluding that its policy affords coverage for the insured's son, who did not live with the insured, by virtue of the insured's vicarious liability under section 322.09(2), Florida Statutes (1989)....
...At the time of the accident John Jr., a minor, lived apart from his father. Appellee settled with the grandfather's insurer. He then filed suit against John Sr., claiming that the signing of John Jr.'s application for a driver's permit made John Sr. vicariously liable for the negligence of his son under section 322.09(2)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 7169
...peal ensued. The appellant contends that notwithstanding this exclusion the homeowner should be liable under the policy because of his execution of an application for his minor son to obtain an operator's permit to drive a motor vehicle, pursuant to § 322.09, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...d by Caronia, Jr. when the minor Collins, plaintiff in the original action, was injured); against Caronia, Jr. (as the driver); Caronia, Sr. (as the driver's father, pursuant to an authorization to secure a motor vehicle license executed pursuant to Section 322.09 Florida Statutes (1975), Caronia, Jr....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
for and on behalf of such child care agency. Section
322.09(1)(a), F. S., provides: The application
CopyPublished | Supreme Court of Florida | 158 Fla. 138, 1946 Fla. LEXIS 498
...Thompson, otherwise known as Mrs. R. D. Thompson, carelessly ...” It is apparent that it was the purpose of the pleader to state a cause of action under the provisions of Chapter 322, Fla. Statutes 1941 (same F.S.A.) and particularly under the provisions of Section 322.09 thereof....
...e is no other conclusion to be reached than that the declaration totally failed to state a cause of action against Elda R. Thompson. • Much has been said in the briefs as to whether or not Mrs. Thompson would be liable under the provisions of Sec. 322.09, supra, in event she signed an application which was not signed by her husband which application was for a driver’s license to be issued to Frederick Allen Thompson, a young man under eighteen years of age, when both the father and mother had custody of the minor at the time the application was filed....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 746, 1988 Fla. App. LEXIS 1150, 1988 WL 23452
PER CURIAM. We find no error in the trial court’s order directing a verdict; counsel for appellant totally failed to present evidence to support his allegations. § 322.09, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 544
...Appellant signed the application for her son's driver license and agreed to be jointly liable with her son for any damages he caused negligently or willfully in driving. Before a person under eighteen can obtain a driver's license, an adult must sign for him. § 322.09, Fla....
...des insurance coverage for such potential liability, if the minor is not technically a "family member" as in this case. Consumers and sellers of insurance policy products should take note and require that this gap in coverage be closed. NOTES [1] § 322.09, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2652, 1990 WL 45546
...Lay’s action for damages arising from a motor vehicle accident in which Suggs’ daughter, Laurie Henderson, was driving. Suggs gave his written consent to the issuance of a driver’s license to Laurie when she was 15 years old in accordance with section 322.09, Florida Statutes (1985). Subsection (2) of the statute imposes joint and several liability for a minor’s negligence upon the person who has signed a minor’s application for a driver’s license. Subsection (l)(a) of section 322.09 indicates that the “section” is not applicable to a person under the age of 18 years who is emancipated by marriage....
...liability of the signer. We affirm the final order granting the summary judgment and hold that the marriage of a minor automatically terminates the vicarious liability of the person who signed the minor’s driver’s license application pursuant to section
322.09 for driving acts of the minor performed after the minor’s marriage. In so holding, we do not disturb the holding of Gracie v. Deming,
213 So.2d 294 (Fla. 2d DCA 1968), in which our sister court ruled that the liability of the consent signer under section
322.09 was not terminated for driving acts of the minor performed prior to the marriage....
...Ison v. Fla. Sanitarium and Benevolent Ass’n,
302 So.2d 200, 201 (Fla. 4th DCA 1974). No action by a parent is required by Florida law to escape responsibility for a child once a child is emancipated by marriage, and we do not believe that section .
322.09 changes that concept. The last sentence of subsection 322.-09(l)(a) states that “[tjhis section shall not apply to a person under the age of 18 years who is emancipated by marriage” (emphasis added). The reference to section means section
322.09 in its entirety and does not mean subsection (l)(a) in which these words of nonapplicability are contained....
...bsection; for example, it refers to “chapter” in section
322.02(1) and “subsection” in section 322.-12(4)(d), as well as “section” throughout Chapter 322. The use of the word “sec *742 tion” by the legislature in the last sentence of section
322.09(l)(a) indicates to us that the applicability of section
322.09 to a particular minor self-destructs upon emancipation. The emancipation also causes the vicarious liability of the consenting person, established under subsection (2) of section
322.09, to be terminated as to causes of action which accrue against the minor following the emancipation. Section
322.10 allows a person who signs a minor’s application pursuant to section
322.09(l)(a) to terminate liability by filing a request that the minor’s license be canceled....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6465
driver’s license for a minor, pursuant to FS Section
322.09(1) (a), and such person thereby assumes the
