Florida Statute 322.1615 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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322.1615 Learner’s driver license.—

(1) The department may issue a learner’s driver license to a person who is at least 15 years of age and who:

(a) Has passed the written examination for a learner’s driver license;

(b) Has passed the vision and hearing examination administered under s. 322.12;

(c) Has satisfactorily completed a driver education course approved by the department which meets or exceeds the Department of Education Driver Education/Traffic Safety-Classroom 1900300 course version description; and

(d) Meets all other requirements set forth in law and by rule of the department.

(2) When operating a motor vehicle, the holder of a learner’s driver license must be accompanied at all times by a driver who:

(a) Holds a valid license to operate the type of vehicle being operated;

(b) Is at least 21 years of age; and

(3) A person who holds a learner’s driver license may operate a vehicle only during daylight hours, except that the holder of a learner’s driver license may operate a vehicle until 10 p.m. after 3 months following the issuance of the learner’s driver license.

(4) A licensee who violates subsection (2) or subsection (3) is subject to the civil penalty imposed for a moving violation as set forth in chapter 318.

History.—s. 5, ch. 96-414; s. 38, ch. 97-300; s. 42, ch. 99-248; s. 2, ch. 2025-104.

F.S. 322.1615 on Google Scholar

F.S. 322.1615 on CourtListener

Amendments to 322.1615

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S322.1615

R or S next to points is Mandatory Revocation or Suspension

S322.1615 DL - LEARNER'S DRIVER LICENSE - Violation of RESTRICTION - Points on Drivers License: 3

S322.1615 (2) DL - Learner's Driver License violation restriction - Person accompanying driver - Points on Drivers License: 3

S322.1615 (2)(a) DL - Learner's Driver License violation restriction - Holds valid license for type vehicle - Points on Drivers License: 3

S322.1615 (2)(b) DL - Learner's Driver License violation restriction - Person less than 21 years of age - Points on Drivers License: 3

S322.1615 (2)(c) DL - Learner's Driver License violation - Person not in seat closest to right of driver - Points on Drivers License: 3

S322.1615 (3) DL - Learner DL/Operate invalid hours - Points on Drivers License: 3

Cases Citing Statute 322.1615

Total Results: 3 | Sort by: Relevance | Newest First

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DE v. State, 904 So. 2d 558 (Fla. 5th DCA 2005).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2005 WL 1312697

...for judgment of acquittal. Lynch v. State, 293 So.2d 44, 45 (Fla. 1974). We conclude that there was sufficient evidence to sustain the determination of delinquency for vehicular homicide. AFFIRMED. SHARP, W., and THOMPSON, JJ., concur. NOTES [1] See § 322.1615, Fla....

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D.E. v. State, 904 So. 2d 558 (Fla. 5th DCA 2005).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 8266

...motion for judgment of acquittal. Lynch v. State, 293 So.2d 44, 45 (Fla.1974). We conclude that there was sufficient evidence to sustain the determination of delinquency for vehicular homicide. AFFIRMED. SHARP, W„ and THOMPSON, JJ., concur. . See § 322.1615, Fla....

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Willie Floyd v. State of Florida, 259 So. 3d 937 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

...If Floyd were correct on this point, he would prevail under Miller. But he is not correct. Although Floyd (and perhaps others) refer colloquially to a “learner’s permit,” the Florida Legislature chose to classify what Floyd held as a “learner’s driver license.” § 322.1615, Fla....

...§ 30301 (“‘[M]otor vehicle operator’s license’ means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways.”). A “learner’s driver license” indeed authorizes a holder to drive a motor vehicle, albeit with certain restrictions. § 322.1615, Fla. Stat....

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