Florida Statutes
Fla. Stat. § 322.36 (2025)
Permitting unauthorized operator to drive.
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322.36 Permitting unauthorized operator to drive.—A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to be operated upon any highway or public street except by a person who is duly authorized to operate a motor vehicle under this chapter. Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. If a person violates this section by knowingly loaning a vehicle to a person whose driver license is suspended and if that vehicle is involved in an accident resulting in bodily injury or death, the driver license of the person violating this section shall be suspended for 1 year.
History.—s. 48, ch. 19551, 1939; CGL 1940 Supp. 4151(659); s. 48, ch. 20451, 1941; s. 1, ch. 65-497; s. 215, ch. 71-136; s. 421, ch. 95-148; s. 38, ch. 2008-176.
Arrestable Offenses under F.S. 322.36
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§322.36MOVING TRAFFIC VIOLPERMIT UNAUTHORIZED PERSON TO DRIVE
Civil Citations under F.S. 322.36
Driver's license points · R = revocation · S = suspension§322.36ANY person PERMITTING UNAUTHORIZED person to drive
Notes of Decisions
Cited in 4
cases, 1969–2005 · leading case: Kirby v. State, 217 So. 2d 619 (Fla. 4th DCA 1969).
Kirby v. State, 217 So. 2d 619 (Fla. 4th DCA 1969). “1967, Section 322.36, F.S.A. But without a warrant, Deputy Bowling could lawfully arrest Kirby for a misdemeanor only if it was committed in the officer's presence.”
Woodson v. Ivey, 917 So. 2d 993 (Fla. 5th DCA 2005). “Though not cited by the parties, we note that section 322.36, Florida Statutes (2002), provides: No person shall authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to be operated upon any highway or public street except by…”
Cox v. Dep't of High. Saf., 881 So. 2d 641 (Fla. 5th DCA 2004). “See § 322.36, Fla. Stat (1991). [2] Cox next urges that the trial court erred by dismissing his counterclaim for damages.”
State v. Warren, 329 So. 2d 383 (Fla. 4th DCA 1976). “2d 619 , our sister court of the Fourth District had occasion to rule upon the validity of a warrantless arrest for the misdemeanor of allowing an unlicensed driver to operate a motor vehicle upon a public street (Section 322.36, F.S.1967). That Court held that a clear verbal…”
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