Florida Statutes
Fla. Stat. § 322.1615 (2025)
Learner’s driver license.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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
(c) Occupies the closest seat to the right of the driver of the motor vehicle.
(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.
Civil Citations under F.S. 322.1615
Driver's license points · R = revocation · S = suspension§322.1615DL - LEARNER'S DRIVER LICENSE - Violation of RESTRICTION
§322.1615(2)DL - Learner's Driver License violation restriction - Person accompanying driver
§322.1615(2)(a)DL - Learner's Driver License violation restriction - Holds valid license for type vehicle
§322.1615(2)(b)DL - Learner's Driver License violation restriction - Person less than 21 years of age
§322.1615(2)(c)DL - Learner's Driver License violation - Person not in seat closest to right of driver
§322.1615(3)DL - Learner DL/Operate invalid hours
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2005–2022 · leading case: D.E. v. State, 904 So. 2d 558 (Fla. 5th DCA 2005).
D.E. v. State, 904 So. 2d 558 (Fla. 5th DCA 2005). “…sustain the determination of delinquency for vehicular homicide. AFFIRMED. SHARP, W„ and THOMPSON, JJ., concur. . See § 322.1615, Fla. Stat. (2002).”
Willie Floyd v. State of Florida, 259 So. 3d 937 (Fla. 1st DCA 2018). “” § 322.1615, Fla. Stat. Moreover, the Legislature defined “driver license” to mean “a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license as defined in 49 U.”
DE v. State, 904 So. 2d 558 (Fla. 5th DCA 2005). “NOTES [1] See § 322.1615, Fla. Stat. (2002).”
Corey Bauman v. Scott Millisor (6th Cir. 2022). “Fla. Stat. § 322.1615 (2). Allowing a teenage driver with a learner’s permit—who was in a distressed emotional state—to drive a car while being supervised by an intoxicated parent would have endangered the safety of everyone in the car.”
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