Florida Statute 322.38 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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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 Casetext

Amendments to 322.38

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

Annotations, Discussions, Cases:

Cases Citing Statute 322.38

Total Results: 6

Rivers v. Hertz Corp.

Court: District Court of Appeal of Florida | Date Filed: 2013-07-31

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

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

Jackson by and Through Whitaker v. Hertz Corp.

Court: District Court of Appeal of Florida | Date Filed: 1991-12-24

Citation: 590 So. 2d 929, 1990 WL 191953

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

St. George v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-06-14

Citation: 564 So. 2d 152, 1990 WL 79108

Snippet: Lefkowitz v. Turley, 414 U.S. 70, 94 S.Ct. 316, 322, 38 L.Ed.2d 274 *155 (1973). The privilege extends

Carson v. Jackson

Court: District Court of Appeal of Florida | Date Filed: 1985-04-03

Citation: 466 So. 2d 1188, 10 Fla. L. Weekly 868

Snippet: Lefkowitz v. Turley, 414 U.S. 70, 77, 94 S.Ct. 316, 322, 38 L.Ed.2d 274 (1973); Kastigar v. United States,

Avis Rent-A-Car Systems, Inc. v. Garmas

Court: District Court of Appeal of Florida | Date Filed: 1983-10-25

Citation: 440 So. 2d 1311, 1983 Fla. App. LEXIS 25460

Snippet: the car to Lawrence in arguable violation of Sec. 322.38, Fla. Stat. (1981), or even of simple negligence

Orosz v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-06-23

Citation: 334 So. 2d 26

Snippet: Lefkowitz v. Turley, 414 U.S. 70, 78, 94 S.Ct. 316, 322, 38 L.Ed.2d 274, 282 (1973)." Since Orosz did not object