Florida Statute 322.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.16

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 Casetext

Amendments to 322.16

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

Civil Citations / Citable Offenses under S322.16

R or S next to points is Mandatory Revocation or Suspension

S322.16 (1)(a) DRIVER LICENSE - Violation of RESTRICTION Operate against License Restrictions - special mechanical control devices required. - Points on Drivers License: 3

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

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

S322.16 (2) Violation of restriction for minors under 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

Annotations, Discussions, Cases:

Cases Citing Statute 322.16

Total Results: 12

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

Court: Fla. | Date Filed: 2013-11-21T00:00:00-08:00

Citation: 131 So. 3d 692, 2013 WL 6124277

Snippet: follows: “Under § 322.16(5), Fla. Stat., violation of a restriction imposed pursuant to § 322.16(l)(c) is a …Comments Under § 322.16(5), Fla. Stat., violation of a restriction imposed pursuant to § 322.16(l)(c) is a …a second-degree misdemeanor. Under § 322.16(6), a violation of a restriction imposed pursuant to another…and amended in 2013. 28.10 RESTRICTED LICENSE § 322.16, Fla. Stat. To prove the crime of Operating a Motor…identified for this offense; *699RESTRICTED LICENSE — 322.16 CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT.

Raleigh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-04T00:00:00-07:00

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

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

Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-25T00:00:00-07:00

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

Snippet: Fla. 1st DCA 2005) (stating that “[wlhile section 322.16 provides general authority for the Department to… the safety of Florida's highways, section 322.16 does not grant the Department the independent authority

Embrey v. Dickenson

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-13T00:53:00-07:00

Citation: 906 So. 2d 316

Snippet: the contrary, neither section 316.193 nor section 322.16, Florida Statutes (2002), grants the Department…device in absence of court order). While section 322.16 provides general authority for the Department to…ensure the safety of Florida's highways, section 322.16 does not grant the Department the independent authority

Dickenson v. Aultman

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-08T23:53:00-08:00

Citation: 905 So. 2d 169

Snippet: section 322.16(1)(a), Florida Statutes (2003), titled "License restrictions." Section 322.16(1)(… the Department's interpretation of section 322.16(1)(a) would improperly allow it to impose a criminal

State v. Meister

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-16T00:53:00-07:00

Citation: 849 So. 2d 1127

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

Soto v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-05-20T00:53:00-07:00

Citation: 711 So. 2d 1275

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

Brackin v. Boles

Court: Fla. | Date Filed: 1984-06-14T00:53:00-07:00

Citation: 452 So. 2d 540

Snippet: occupying the front seat of the vehicle. See § 322.16, Fla. Stat. (1981). The trial court found this …admissibility of a person's violating section 322.16. This interpretation is incorrect. The language…ruling that Brackin's violation of section 322.16 was not relevant and therefore was inadmissible

Boles v. Brackin

Court: Fla. Dist. Ct. App. | Date Filed: 1982-03-18T00:00:00-08:00

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

Snippet: holder of such a permit by Florida law. See Section 322.16, Florida Statutes (1979).1 *281The appellee counters…issue of admissibility of the violation of Section 322.16(4),2 which only goes to the issue of actual negligence

State v. In the Interest of C. B. K.

Court: Fla. Dist. Ct. App. | Date Filed: 1978-08-14T00:00:00-07:00

Citation: 362 So. 2d 354, 1978 Fla. App. LEXIS 17188

Snippet: ; 39.02; 316.625, 316.045 (renumbered 316.630); 322.16; 322.39] and in addition thereto having considered

Medina v. McAllister

Court: Fla. | Date Filed: 1967-09-27T00:53:00-07:00

Citation: 202 So. 2d 755

Snippet: who is at least fourteen years of age. Statute 322.16 provides for issuance of a special restricted license

Farrey ex rel. Farrey v. Bettendorf

Court: Fla. Dist. Ct. App. | Date Filed: 1960-10-13T00:00:00-08:00

Citation: 123 So. 2d 558

Snippet: to alleged violations of Sections 322.05(1) and 322.16(2), Florida Statutes, F.S.A., we have the view