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Florida Statute 322.09 - Full Text and Legal Analysis
Florida Statute 322.09 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 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 CourtListener

Amendments to 322.09


Annotations, Discussions, Cases:

Cases Citing Statute 322.09

Total Results: 20

NORTH FLA. WOMEN'S HEALTH SERVICES v. State

866 So. 2d 612, 2003 WL 21546546

Supreme Court of Florida | Filed: Jul 10, 2003 | Docket: 1680167

Cited 55 times | Published

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

Aurbach v. Gallina

753 So. 2d 60, 2000 WL 124392

Supreme Court of Florida | Filed: Feb 3, 2000 | Docket: 56814

Cited 41 times | Published

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

Quest v. Joseph

392 So. 2d 256

District Court of Appeal of Florida | Filed: Jan 7, 1981 | Docket: 1678287

Cited 12 times | Published

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

Gracie v. Deming

213 So. 2d 294

District Court of Appeal of Florida | Filed: Aug 9, 1968 | Docket: 471500

Cited 11 times | Published

negligence by virtue of Florida Statute § 322.09, F.S.A. Section 322.09 provides, first, that an application

Brown v. Seebach

763 F. Supp. 574, 1991 U.S. Dist. LEXIS 5047, 1991 WL 57908

District Court, S.D. Florida | Filed: Apr 12, 1991 | Docket: 1153336

Cited 9 times | Published

Stat. § 322.09 or, in the alternative, the applicability of CGSA 14-36(d)(1). Fla.Stat. § 322.09(1)(a)

Hartford Acc. and Indem. Co. v. Ocha

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

District Court of Appeal of Florida | Filed: Jul 24, 1985 | Docket: 1793469

Cited 8 times | Published

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

Quinn v. Gorman

354 So. 2d 429

District Court of Appeal of Florida | Filed: Jan 24, 1978 | Docket: 300517

Cited 4 times | Published

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

Greer v. Workman

203 So. 2d 665

District Court of Appeal of Florida | Filed: Nov 2, 1967 | Docket: 1322422

Cited 4 times | Published

operator's license pursuant to the provisions of Section 322.09, Florida Statutes, F.S.A. John Theron Workman

Brown v. Champeau

537 So. 2d 1120, 1989 WL 6420

District Court of Appeal of Florida | Filed: Feb 2, 1989 | Docket: 427187

Cited 3 times | Published

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

Ruiz v. Ruiz

427 So. 2d 298

District Court of Appeal of Florida | Filed: Feb 22, 1983 | Docket: 1739688

Cited 2 times | Published

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

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

566 So. 2d 901, 1990 WL 129692

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 1529082

Cited 1 times | Published

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

Allstate Ins. Co. v. Caronia

395 So. 2d 1221

District Court of Appeal of Florida | Filed: Mar 24, 1981 | Docket: 1317580

Cited 1 times | Published

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

Lamos v. Consolidated Mutual Insurance Company

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

District Court of Appeal of Florida | Filed: Mar 6, 1973 | Docket: 2554029

Cited 1 times | Published

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

Koebler v. Kieffer

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

District Court of Appeal of Florida | Filed: Apr 2, 1993 | Docket: 64697749

Published

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

Lay v. Suggs

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

District Court of Appeal of Florida | Filed: Apr 19, 1990 | Docket: 64649652

Published

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

Naranjo v. Gwinn

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

District Court of Appeal of Florida | Filed: Mar 22, 1988 | Docket: 64633579

Published

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

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

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

District Court of Appeal of Florida | Filed: Feb 28, 1985 | Docket: 438676

Published

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

Ago

Florida Attorney General Reports | Filed: Sep 29, 1977 | Docket: 3257862

Published

for and on behalf of such child care agency. Section 322.09(1)(a), F. S., provides: The application

Farrier ex rel. Farrier v. Thompson

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

District Court of Appeal of Florida | Filed: Apr 10, 1970 | Docket: 64514081

Published

driver’s license for a minor, pursuant to FS Section 322.09(1) (a), and such person thereby assumes the

Padgett v. Thompson

27 So. 2d 909, 158 Fla. 138, 1946 Fla. LEXIS 498

Supreme Court of Florida | Filed: Nov 19, 1946 | Docket: 3276713

Published

) and particularly under the provisions of Section 322.09 thereof. Our conclusion is that the provisions