Florida Statute 322.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

322.16 License restrictions.—

(1)(a) The department, upon issuing a driver license, may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of special mechanical control devices required on a motor vehicle that the licensee may operate, including, but not limited to, restricting the licensee to operating only vehicles equipped with air brakes, or imposing upon the licensee such other restrictions as the department determines are appropriate to assure the safe operation of a motor vehicle by the licensee.

(b) The department may further impose other suitable restrictions on use of the license with respect to time and purpose of use, including, but not limited to, a restriction providing for intrastate operation only, or may impose any other condition or restriction that the department considers necessary for driver improvement, safety, or control of drivers in this state.

(c) The department may further, at any time, impose other restrictions on the use of the license with respect to time and purpose of use or may impose any other condition or restriction upon recommendation of any court, of the Florida Commission on Offender Review, or of the Department of Corrections with respect to any individual who is under the jurisdiction, supervision, or control of the entity that made the recommendation.

(d) The department may impose a restriction upon the use of the license requiring that the licensee wear a medical identification bracelet when operating a motor vehicle. Medical identification bracelet restrictions must be coded on the license of the restricted operator. There is no penalty for violating this paragraph.

(2) A person who holds a driver license and who is under 17 years of age, when operating a motor vehicle after 11 p.m. and before 6 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated and is at least 21 years of age unless that person is driving directly to or from work.

(3) A person who holds a driver license who is 17 years of age, when operating a motor vehicle after 1 a.m. and before 5 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated, and is at least 21 years of age unless that person is driving directly to or from work.

(4) The department may, upon receiving satisfactory evidence of any violation of the restriction upon such a license, except a violation of paragraph (1)(d), subsection (2), or subsection (3), suspend or revoke the license, but the licensee is entitled to a hearing as upon a suspension or revocation under this chapter.

(5) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to operate a motor vehicle in any manner in violation of the restrictions imposed under paragraph (1)(c).

(6) Any person who operates a motor vehicle in violation of the restrictions imposed under paragraph (1)(a), paragraph (1)(b), subsection (2), or subsection (3) will be charged with a moving violation and fined in accordance with chapter 318.

History.—s. 28, ch. 19551, 1939; CGL 1940 Supp. 4151(642), 8135(58); s. 28, ch. 20451, 1941; s. 1, ch. 29683, 1955; s. 1, ch. 57-757; s. 1, ch. 59-432; s. 2, ch. 67-174; s. 1, ch. 67-265; s. 1, ch. 69-81; s. 209, ch. 71-136; s. 1, ch. 71-144; s. 5, ch. 77-120; s. 14, ch. 77-121; s. 16, ch. 78-394; s. 10, ch. 79-3; s. 1, ch. 82-132; s. 1, ch. 85-121; s. 12, ch. 85-309; s. 20, ch. 87-161; s. 36, ch. 88-122; s. 5, ch. 88-405; s. 5, ch. 88-410; ss. 4, 7, ch. 89-112; s. 10, ch. 89-282; ss. 3, 4, ch. 93-144; s. 407, ch. 95-148; s. 4, ch. 96-414; s. 22, ch. 97-300; s. 28, ch. 2010-162; s. 9, ch. 2014-191.

F.S. 322.16 on Google Scholar

F.S. 322.16 on CourtListener

Amendments to 322.16

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S322.16

R or S next to points is Mandatory Revocation or Suspension

S322.16 (1)(a) DL - Violation of RESTRICTION - Special mechanical control devices required. - Points on Drivers License: 3

S322.16 (1)(b) DL - Fail obey drive restrictions - misuse of time and purpose Note 19 - Points on Drivers License: 3

S322.16 (1)(c) DL - Fail obey driver license restrictions ordered by the court - Points on Drivers License: 0

S322.16 (2) DL Violation of restriction under age 17 operating vehicle after curfew (11 p.m. - 6 a.m.) - Points on Drivers License: 3

S322.16 (3) Violation of restriction - age 17 operating vehicle after curfew (1 a.m. - 5 a.m.) - Points on Drivers License: 3

Arrestable Offenses / Crimes under Fla. Stat. 322.16

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

S322.16 - MOVING TRAFFIC VIOL - VIOLATE DRIVERS LICENSE RESTRICTIONS - M: S

S322.16 1c - MOVING TRAFFIC VIOL - VIOLATE DRIVERS LICENSE RESTRICTIONS - M: S

S322.16 5 - MOVING TRAFFIC VIOL - VIOLATE DRIVERS LICENSE RESTRICTIONS - M: S

Cases Citing Statute 322.16

Total Results: 10

Brackin v. Boles

452 So. 2d 540

Supreme Court of Florida | Filed: Jun 14, 1984 | Docket: 474535

Cited 33 times | Published

actually occupying the front seat of the vehicle. See § 322.16, Fla. Stat. (1981). The trial court found this

Soto v. State

711 So. 2d 1275, 1998 WL 250752

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1700604

Cited 6 times | Published

moped drivers to be licensed is confirmed by section 322.16(2)(c) and (f), which contains specific provisions

Dickenson v. Aultman

905 So. 2d 169, 2005 WL 544844

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1711809

Cited 5 times | Published

relies on section 322.16(1)(a), Florida Statutes (2003), titled "License restrictions." Section 322.16(1)(a)

Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

20 So. 3d 915, 2009 Fla. App. LEXIS 14399, 2009 WL 3047325

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1639907

Cited 3 times | Published

(Fla. 1st DCA 2005) (stating that “[wlhile section 322.16 provides general authority for the Department

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

follows: “Under § 322.16(5), Fla. Stat., violation of a restriction imposed pursuant to § 322.16(l)(c) is a

Embrey v. Dickenson

906 So. 2d 316, 2005 WL 1383342

District Court of Appeal of Florida | Filed: Jun 13, 2005 | Docket: 1775143

Cited 2 times | Published

to the contrary, neither section 316.193 nor section 322.16, Florida Statutes (2002), grants the Department

State v. Meister

849 So. 2d 1127, 2003 WL 21658536

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 1509346

Cited 2 times | Published

moped drivers to be licensed is confirmed by section 322.16(2)(c) and (f), which contains specific provisions

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 69533864

Published

“faded, altered, mutilated, or defaced”); id. § 322.16 (authorizing the State to impose license restrictions);

Raleigh v. State

46 So. 3d 1018, 2010 Fla. App. LEXIS 11260, 2010 WL 3023278

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 60296101

Published

underage and without being accompanied by an adult, § 322.16(2), (3); and failing to timely update a license

Boles v. Brackin

411 So. 2d 280, 1982 Fla. App. LEXIS 19519

District Court of Appeal of Florida | Filed: Mar 18, 1982 | Docket: 64588627

Published

holder of such a permit by Florida law. See Section 322.16, Florida Statutes (1979).1 *281The appellee

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.