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Florida Statute 322.38 - Full Text and Legal Analysis
Florida Statute 322.38 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 322.38 Case Law from Google Scholar Google Search for Amendments to 322.38

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.38
322.38 Renting motor vehicle to another.
(1) A person may not rent a motor vehicle to any other person unless the other person is duly licensed or, if a nonresident, is licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that an operator be licensed.
(2) A person may not rent a motor vehicle to another until he or she has inspected the driver license of the person to whom the vehicle is to be rented and has verified that the driver license is unexpired.
(3) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person, and the place where the license was issued. Such record shall be open to inspection by any police officer, or officer or employee of the department.
(4) If a rental car company rents a motor vehicle to a person through digital, electronic, or other means which allows the renter to obtain possession of the motor vehicle without direct contact with an agent or employee of the rental car company, or if the renter does not execute a rental contract at the time he or she takes possession of the vehicle, the rental car company is deemed to have met all obligations of subsections (1) and (2) when the rental car company, at the time the renter enrolls in a membership program, master agreement, or other means of establishing use of the rental car company’s services, or any time thereafter, requires the renter to verify that he or she is duly licensed and that the license is unexpired.
History.s. 50, ch. 19551, 1939; CGL 1940 Supp. 4151(661); s. 50, ch. 20451, 1941; s. 49, ch. 89-282; s. 422, ch. 95-148; s. 7, ch. 2019-169.

F.S. 322.38 on Google Scholar

F.S. 322.38 on CourtListener

Amendments to 322.38


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 322.38
Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.38 - NONMOVING TRAFFIC VIOL - FAIL TO KEEP VEHICLE RENTAL RECORDS - M: S
S322.38 - PUBLIC ORDER CRIMES - MOTOR VEHICLE RENTAL VIOL - M: S
S322.38 3 - PUBLIC ORDER CRIMES - FAIL TO KEEP VEHICLE RENTAL RECORDS - M: S

Cases Citing Statute 322.38

Total Results: 2

Jackson by and Through Whitaker v. Hertz Corp.

590 So. 2d 929, 1990 WL 191953

District Court of Appeal of Florida | Filed: Dec 24, 1991 | Docket: 1512687

Cited 3 times | Published

Hertz was not negligent under the terms of section 322.38(2), Florida Statutes (1985).[2] There is no

Rivers v. Hertz Corp.

121 So. 3d 1078, 2013 WL 3927688, 2013 Fla. App. LEXIS 12011

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60234308

Cited 1 times | Published

general negligence claim “bootstraps” onto section 322.38. Duty The threshold issue in this case is