Florida Statutes
Fla. Stat. § 322.38 (2025)
Renting motor vehicle to another.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 322.38
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§322.38NONMOVING TRAFFIC VIOLFAIL TO KEEP VEHICLE RENTAL RECORDS
§322.38PUBLIC ORDER CRIMESMOTOR VEHICLE RENTAL VIOL
§322.38(3)PUBLIC ORDER CRIMESFAIL TO KEEP VEHICLE RENTAL RECORDS
Notes of Decisions
Cited in 2
cases, 1991–2013 · leading case: Jackson by & Through Whitaker v. Hertz Corp., 590 So. 2d 929 (Fla. 3d DCA 1991).
Jackson by & Through Whitaker v. Hertz Corp., 590 So. 2d 929 (Fla. 3d DCA 1991). “We likewise conclude that Hertz was not negligent under the terms of section 322.38(2), Florida Statutes (1985).”
Rivers v. Hertz Corp., 121 So. 3d 1078 (Fla. 3d DCA 2013). “Section 322.38, Florida Statutes (2009), states in pertinent part: (1) No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed, or if a nonresident he or she shall be licensed under the laws of the state or country of his or her…”
— 322.38(2) — 2 cases
Jackson by & Through Whitaker v. Hertz Corp., 590 So. 2d 929 (Fla. 3d DCA 1991). “We likewise conclude that Hertz was not negligent under the terms of section 322.38(2), Florida Statutes (1985).”
Rivers v. Hertz Corp., 121 So. 3d 1078 (Fla. 3d DCA 2013). “Section 322.38, Florida Statutes (2009), states in pertinent part: (1) No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed, or if a nonresident he or she shall be licensed under the laws of the state or country of his or her…”
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