Florida Statutes
Fla. Stat. § 322.16 (2025)
License restrictions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 322.16
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§322.16MOVING TRAFFIC VIOLVIOLATE DRIVERS LICENSE RESTRICTIONS
§322.16(1c)MOVING TRAFFIC VIOLVIOLATE DRIVERS LICENSE RESTRICTIONS
§322.16(5)MOVING TRAFFIC VIOLVIOLATE DRIVERS LICENSE RESTRICTIONS
Civil Citations under F.S. 322.16
Driver's license points · R = revocation · S = suspension§322.16(1)(a)DL - Violation of RESTRICTION - Special mechanical control devices required.
§322.16(1)(b)DL - Fail obey drive restrictions - misuse of time and purpose Note 19
§322.16(1)(c)DL - Fail obey driver license restrictions ordered by the court
§322.16(2)DL Violation of restriction under age 17 operating vehicle after curfew (11 p.m. - 6 a.m.)
§322.16(3)Violation of restriction - age 17 operating vehicle after curfew (1 a.m. - 5 a.m.)
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1982–2025 · leading case: In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013).
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “10 RESTRICTED LICENSE § 322.16, Fla. Stat. To prove the crime of Operating a Motor Vehicle in Violation of the Restrictions Imposed in a Restricted License, the State must prove the following four elements beyond a reasonable doubt: 1.”
Brackin v. Boles, 452 So. 2d 540 (Fla. 1984). “See § 322.16, Fla. Stat. (1981). The trial court found this evidence to be irrelevant and ruled it inadmissible.”
Dickenson v. Aultman, 905 So. 2d 169 (Fla. 3d DCA 2005). “In support of its argument, the Department relies on section 322.16(1)(a), Florida Statutes (2003), titled "License restrictions.”
Bradsheer v. Florida Dep't of High. Saf. & Motor Vehs., 20 So. 3d 915 (Fla. 1st DCA 2009). “16 provides general authority for the Department to impose time and purpose restrictions on drivers' licenses and to effect other administrative measures necessary to ensure the safety of Florida's highways, section 322.16 does not grant the Department the independent authority…”
Embrey v. Dickenson, 906 So. 2d 316 (Fla. 1st DCA 2005). “193 nor section 322.16, Florida Statutes (2002), grants the Department authority to require the imposition of the device in the absence of a court order.”
Soto v. State, 711 So. 2d 1275 (Fla. 4th DCA 1998). “The legislature's intent to require moped drivers to be licensed is confirmed by section 322.16(2)(c) and (f), which contains specific provisions providing for the operation or rental of motorcycles and mopeds by those with restricted licenses.”
State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003). “The legislature's intent to require moped drivers to be licensed is confirmed by section 322.16(2)(c) and (f), which contains specific provisions providing for the operation or rental of motorcycles and mopeds by those with restricted licenses.”
Boles v. Brackin, 411 So. 2d 280 (Fla. 1st DCA 1982). “The appellants first argue that the trial court erred in excluding evidence revealing that the appellee had a learner’s permit or restricted license at the time the two-car vehicular accident occurred and that the appellee was driving in violation of specific restrictions placed…”
HM Florida-ORL, LLC v. Sec'y of the Florida Dep't of Bus. & Prof'l Reg. (11th Cir. 2025). “, Fla. Stat. §§ 322.16 (restricting sixteen- and seventeen-year-olds’ driving hours), 450.”
HM Florida-ORL, LLC v. Sec'y of the Florida Dep't of Bus. & Prof'l Reg. (11th Cir. 2025). “, Fla. Stat. §§ 322.16 (restricting sixteen- and seventeen-year-olds’ driving hours), 450.”
Michael Crist v. State of Florida (Fla. 5th DCA 2025). “§ 322.16 (authorizing the State to impose license restrictions); id.”
Raleigh v. State, 46 So. 3d 1018 (Fla. 2d DCA 2010). “15(1); driving at certain times while underage and without being accompanied by an adult, § 322.16(2), (3); and failing to timely update a license after a name or address change, § 322.”
— 322.16(1)(a) — 1 case
Dickenson v. Aultman, 905 So. 2d 169 (Fla. 3d DCA 2005). “In support of its argument, the Department relies on section 322.16(1)(a), Florida Statutes (2003), titled "License restrictions.”
— 322.16(2) — 1 case
Raleigh v. State, 46 So. 3d 1018 (Fla. 2d DCA 2010). “15(1); driving at certain times while underage and without being accompanied by an adult, § 322.16(2), (3); and failing to timely update a license after a name or address change, § 322.”
— 322.16(2)(c) — 2 cases
Soto v. State, 711 So. 2d 1275 (Fla. 4th DCA 1998). “The legislature's intent to require moped drivers to be licensed is confirmed by section 322.16(2)(c) and (f), which contains specific provisions providing for the operation or rental of motorcycles and mopeds by those with restricted licenses.”
State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003). “The legislature's intent to require moped drivers to be licensed is confirmed by section 322.16(2)(c) and (f), which contains specific provisions providing for the operation or rental of motorcycles and mopeds by those with restricted licenses.”
— 322.16(4) — 1 case
Boles v. Brackin, 411 So. 2d 280 (Fla. 1st DCA 1982). “The appellants first argue that the trial court erred in excluding evidence revealing that the appellee had a learner’s permit or restricted license at the time the two-car vehicular accident occurred and that the appellee was driving in violation of specific restrictions placed…”
— 322.16(5) — 1 case
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “10 RESTRICTED LICENSE § 322.16, Fla. Stat. To prove the crime of Operating a Motor Vehicle in Violation of the Restrictions Imposed in a Restricted License, the State must prove the following four elements beyond a reasonable doubt: 1.”
— 322.16(6) — 1 case
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “10 RESTRICTED LICENSE § 322.16, Fla. Stat. To prove the crime of Operating a Motor Vehicle in Violation of the Restrictions Imposed in a Restricted License, the State must prove the following four elements beyond a reasonable doubt: 1.”
— 322.16(l)(c) — 1 case
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “10 RESTRICTED LICENSE § 322.16, Fla. Stat. To prove the crime of Operating a Motor Vehicle in Violation of the Restrictions Imposed in a Restricted License, the State must prove the following four elements beyond a reasonable doubt: 1.”
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