Florida Statutes

Fla. Stat. § 322.09 (2025)

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

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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.

Notes of Decisions

Cited in 23 cases, 1946–2003 · leading case: Thompson v. Oklahoma, 487 U.S. 815 (1988).

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Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Fla. Stat. § 322.09 (1987) Ga. Ga. Code Ann.”

Hartford Acc. & Indem. Co. v. Ocha, 472 So. 2d 1338 (Fla. 4th DCA 1985). · cites it 10× “, 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…”

North Fla. Women's Health Servs. v. State, 866 So. 2d 612 (Fla. 2003). · cites it 2× “Driver's license provisions, see § 322.09, Fla. Stat. (2002), body piercing, see § 381.”

Brown v. Seebach, 763 F. Supp. 574 (S.D. Fla. 1991). · cites it 8× “09(l)(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 or, in the event there is no parent…”

Gracie v. Deming, 213 So. 2d 294 (Fla. 2d DCA 1968). · cites it 8× “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…”

Ruiz v. Ruiz, 427 So. 2d 298 (Fla. 3d DCA 1983). · cites it 11× “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). We conclude that the trial court was correct and consequently affirm.”

Aurbach v. Gallina, 753 So. 2d 60 (Fla. 2000). · cites it 2× “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.”

Quest v. Joseph, 392 So. 2d 256 (Fla. 3d DCA 1981). · cites it 2× “(1979); § 322.09(2), Fla.Stat (1979). [5] These include the undesirability of disrupting the family unit, particularly by permitting a child to "second-guess" his parent concerning the manner in which he is cared for.”

Farrier ex rel. Farrier v. Thompson, 234 So. 2d 11 (Fla. 4th DCA 1970). · cites it 9× “Subparagraph (3) of Section 322.09, F.S. A., imputes to the person or head of the family who has signed the application on behalf of the minor any negligence or willful misconduct of the minor when driving a motor vehicle, making the person or head of the family who signed the…”

Greer v. Workman, 203 So. 2d 665 (Fla. 4th DCA 1967). · cites it 4× “The complaint further alleges: "That at the aforesaid time and place, said John Theron Workman was legally 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…”

Anderson v. Anderson Ex Rel. Anderson, 1999 ND 57 (N.D. 1999). · cites it 2× “§ 75-315; Fla. Stat. § 322.09 (2) (1979). In fact, the lack of the financial responsibility exception in the Florida statute is cited as "convincing evidence that the statute's purpose is not only remedial, but prophylactic.”

Brown v. Champeau, 537 So. 2d 1120 (Fla. 5th DCA 1989). · cites it 4× “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). [1]…”

Show all 23 citing cases →

— 322.09(1) — 2 cases

Farrier ex rel. Farrier v. Thompson, 234 So. 2d 11 (Fla. 4th DCA 1970). “Subparagraph (3) of Section 322.09, F.S. A., imputes to the person or head of the family who has signed the application on behalf of the minor any negligence or willful misconduct of the minor when driving a motor vehicle, making the person or head of the family who signed the…”

Gracie v. Deming, 213 So. 2d 294 (Fla. 2d DCA 1968). “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…”

— 322.09(2) — 5 cases

Aurbach v. Gallina, 753 So. 2d 60 (Fla. 2000). “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.”

Quest v. Joseph, 392 So. 2d 256 (Fla. 3d DCA 1981). “(1979); § 322.09(2), Fla.Stat (1979). [5] These include the undesirability of disrupting the family unit, particularly by permitting a child to "second-guess" his parent concerning the manner in which he is cared for.”

Hartford Acc. & Indem. Co. v. Ocha, 472 So. 2d 1338 (Fla. 4th DCA 1985). “, 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…”

Ruiz v. Ruiz, 427 So. 2d 298 (Fla. 3d DCA 1983). “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). We conclude that the trial court was correct and consequently affirm.”

State Farm Mut. Auto. Ins. Co. v. Swetokos, 566 So. 2d 901 (Fla. 4th DCA 1990).

— 322.09(3) — 1 case

— 322.09(b)(2) — 1 case

Koebler v. Kieffer, 621 So. 2d 681 (Fla. 2d DCA 1993).

— 322.09(l)(a) — 2 cases

Brown v. Seebach, 763 F. Supp. 574 (S.D. Fla. 1991). “09(l)(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 or, in the event there is no parent…”

Lay v. Suggs, 559 So. 2d 740 (Fla. 5th DCA 1990).

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